How to Initiate Public Action against Freshwater Pollution

In many jurisdictions, there are more possibilities for legal action against a public body than a private company. It’s a good idea to explore the different types of claims you could bring and then evaluate which is likely to be most effective or most successful. As you gather information and evidence, read this guide, and speak to legal professionals, think about the possible legal actions before deciding which to take.

When considering legal action to try to stop or prevent water pollution, obtain compensation for those impacted, or force the authorities or polluters to clean up water, you will need to decide between a claim against a private company (the polluter) or a public body (such as a regulator or government). Public bodies (such as government bodies) have various obligations to regulate polluters. In some cases, you will not need to go so far as bringing a legal case against a public body. If you prepare all the evidence and make a strong case, the public body may be persuaded or forced to take action even without being ordered to by a judge. 

On the other hand, private companies often have more money and do not have the altruistic motives of a public body, who have an interest in protecting the environment for citizens. When bringing a claim directly against a private company, the company may have enormous resources to defend the claim or hold it up in court. However, don’t let this discourage you. 

One of the first steps campaigners against freshwater pollution can take to address their problems is to request that the applicable regulator or public body take action on their behalf against the polluting entity. This requires the applicant to identify the relevant body and applicable rules, ask the public body to apply its rules and, if necessary, take action to ensure compliance with them. Where public bodies then fail to take the necessary and effective action, a claim may be brought against the relevant regulator to force it to perform its duties.

For example, a company may have a permit to operate which prohibits them from certain types of pollution. The public body responsible for the permit can require the company to comply with their permit. If the company fails to comply, the regulator can take enforcement action against them or even shut them down. 

While many regulators are reluctant to act due to lack of political will, funding constraints, or even corruption, this is still a critical first step in any freshwater pollution case. If the regulator refuses to take action, you may even be able to bring a case against the public body, such as a judicial review, on the grounds that the regulator is not fulfilling its role as regulator. 

On the whole it is better to get authorities to take action against pollution because they have the resources and the expertise and it means the person who complained to them is not liable for costs. But sometimes if the authorities cannot or will not take action, individuals or communities may do so. As with all legal actions there are risks and potential costs as well as opportunities.

Examples

The following are examples of victims of pollution applying to public bodies to take action:

1. Indigenous communities living around Chile’s Atacama salt flat asked authorities to suspend lithium miner SQM’s operating permits or sharply reduce its operations until it submitted an environmental compliance plan acceptable to regulators. The request was made following the miner’s overuse of water resources, including freshwater sources, in the desert. Partly in response to concerns raised by indigenous groups, in 2023 the Chilean government announced a plan to nationalise the country’s lithium mining industry along with a pledge to protect biodiversity and share mining benefits with indigenous and surrounding communities.

1. Villagers in Thailand made repeated complaints to authorities due to pollution caused by a landfill. The Pollution Control Department found evidence of groundwater contamination in local wells, but this did not prevent the operation of the landfill or permission to open a second landfill. Village residents subsequently brought a claim in negligence against the authorities and were successful.

1. Complaints made to the Gujarat Pollution Control Board led to the shut-down of a factory in Boriya Khurad village, after it was found the factory discharged chemicals and other toxic substances into the groundwater and wells. However, further legal action was required to obtain compensation and assess the extent of the environmental damage.

1. In the UK, a letter of complaint was submitted to the Office of Environmental Protection regarding the UK Environment Agency’s failure to properly assess the environmental impacts of agricultural pollution on protected nature conservation sites. The complaint also alleged that the UK government may have broken environmental law by watering down critical regulations on nitrogen pollution in England’s rivers. The Office of Environmental Protection agreed with the complaint and agreed to take action to monitor compliance by the UK government and its agencies with their legal obligations.  

Applications for Increased Environmental Protection

Some countries have laws which provide increased environmental protection for areas designated as being of special interest, national parks, or of public use. Individuals and communities may therefore apply to a relevant public body to have a river or lake specially designated or classified as, for example, national parks, Sites of Special Scientific Interest (UK), public bathing areas, or nature conservation sites. 

Example

1. In the UK, areas of water that are designated as “Bathing Water” are protected by special safeguards against pollution to protect the health of bathers. Individuals may apply to the Environment Agency to have sections of rivers and lakes designated as bathing water to ensure greater scrutiny by public authorities of any pollution entering the water.