Norfolk farming couple win third court case against environmental regulators

England's High Court ruled this month that Natural England, the government's conservation watchdog, failed in its statutory duty to protect Catfield Fen from pollution. The wetland lies in the Broads national park in Norfolk, eastern England. The case was brought by local farmers Tim and Geli Harris, for whom it is the third landmark legal win against environmental regulators.

The ruling

Lady Justice Lieven found that nitrates and phosphates were washing from arable fields into the fen, one of the finest examples of calcareous fen in western Europe. It is home to 2,500 species, including rarities such as the fen orchid, crested buckler fern, breeding bittern and swallowtail butterflies. The site is a legally protected special area of conservation of international importance.

The judge sharply criticised Natural England's inaction since the Harrises first reported the pollution in 2021, saying its cause was obvious at "the most basic level of common sense" and that action was required. Natural England said it accepted the court's verdict but would not comment on ongoing proceedings. The judge will issue further rulings on what the body must do.

Earlier cases

The Harrises farm 460 acres and bought their land in 1994. They converted arable fields to pasture to stop soil and pollution reaching the fen. In 2016 they won a public inquiry showing that excessive groundwater abstraction was drying out the fen. In 2022 they forced the Environment Agency to limit water abstraction near other nature-rich Broads sites. They have spent 15 years and £1.5m of their own money.

What the couple propose

Tim Harris argues that regulatory inertia is preventing pollution from being stopped on waterways nationwide. The couple say arable farmers should be paid to create grassland buffer strips between fields and ditches. They are considering another legal challenge to protect the Broads from pollution.