South West Water is claiming it has no legal obligation to keep rivers and seawater clean of sewage in its defence against a Devon swimmer who is taking the water company to court.

Jo Bateman, who attempts to swim every day off the coast of Exmouth, is taking legal action against South West Water, claiming its frequent sewage discharges into the sea have taken away her legal right to a public “amenity”.

However, in its defence to Ms Bateman’s claim, seen by i, the water firm states no one has a legal right to swim in the sea.

    • SlopppyEngineer@lemmy.world
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      8 months ago

      That used to be the case, mostly because the EU had rules about that. Then Brexit happened and dumping of sewage prohibitions were one of the first to be tossed on the bonfire of rules. And joy was in the corprate greedy shriveled heart.

    • OwlPaste@lemmy.world
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      8 months ago

      Pretty sure there is no legal right not to dump menure on the guys face

  • Jaysyn@kbin.social
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    8 months ago

    The sooner we start tarring, feathering and shunning these corporate parasites the sooner we can go back to a decent society.

  • TransplantedSconie@lemm.ee
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    8 months ago

    Take the CEO and board members, tar and feather them, then throw them into the spot they dump their shit.

    The public has no legal obligation to provide soap.

  • andrewth09@lemmy.world
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    8 months ago

    Hear that boys? Air is not an unalienable right! starts dumping all the fun pool chemicals into some building lobbie’s indoor fountain

    • loutr@sh.itjust.works
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      8 months ago

      Well, Nestlé argues that people don’t actually have a right to have access to clean water to live, so that doesn’t seem farfetched at all…

  • Aniki 🌱🌿@lemm.ee
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    8 months ago

    In instances like this you’d think a Monarchy would have strong words about corporations polluting the land.

    But you wont because they are worthless billionaire fucks. All of them deserve to be eaten.

    • Flying Squid@lemmy.world
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      8 months ago

      To be fair, the monarch in the UK is mostly a figurehead. To his credit (and I am far from a monarchist), Charles has been advocating for environmental causes for a very long time. Sometimes stupidly, but he does actually give a shit. I just don’t know that he has the power to do anything about it and the Tories certainly don’t care.

  • Instigate
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    8 months ago

    There are two ways to think about rights: there are legal rights and then there are human rights. Legal rights are conferred by some piece of legal document (legislation, constitution or common law) that a person is able to seek legal redress if their right has been revoked or diminished. Then there are human rights - what we as individual humans believe that each humans should expect as a basic right. The two are not always aligned, predominately because human rights vary greatly from one person’s interpretation to the next.

    I think what the company is probably (accurately) arguing is that there is no legal right to swim in the UK, as no specific document states this with any specificity, so the complainant isn’t due compensation or redress of behaviour under the law. This is what the courts will examine as they are the interpreters of law but not the creators of law.

    Now, does she have a human right to swim there free of sewage? I damn well think so, and I don’t think that would be a controversial opinion either. The problem is that what we think the law should be and what it is are often different, because legislation can’t represent every view simultaneously. There’s no law that could be drafted that makes forced birthers and pro choice people agree - someone will always lose out.

    All of this is to say that while fighting this in court is a shitty thing to do (pun very much intended), it makes sense based upon the way our legal system is set up. There is no incentive for private business to respect rights that are not legally conferred, but there is a financial incentive to do the ‘cheaper and technically legal’ thing. Until we overhaul our legal systems to be inherently protective rather than inherently exploitative, this behaviour will continue.

    • PriorityMotif@lemmy.world
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      8 months ago

      There’s no legal document because nobody was dumb enough to think that in the first place. If you have to write a law for everything people are allowed to do because some twat wants to argue in bad faith, then the legal system has no basis in reality. In fact, if that were the case, then there is a chicken/egg problem with laws in the first place.

    • Lemming421@lemmy.world
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      8 months ago

      The water infrastructure was nationalised decades ago. Each reason has a single private company that maintains the pipes, supply, treatment etc. to everyone in that area. Being private companies, the execs have been getting massive bonuses while dumping raw sewage into public waterways recently. And why? Because as someone else here said: after Brexit, the government got rid of the environmental laws saying they couldn’t. And when you’re a monopoly in your area, are you going to spend money on treating water you don’t have to, or give that money to the shareholders?

      It’s a fucking disgrace, a lot of people should go to prison for it and the whole system should be renationalised. But then people in government would lose money, and we can’t have that now, can we?

      • Blackmist@feddit.uk
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        8 months ago

        The water infrastructure was nationalised decades ago.

        Privatised.

        Just another of Milk Snatcher Maggie Thatcher’s little poison pills.

        And yes, it should all be renationalised. They haven’t kept up with demand at any point.

        Another example is Severn Trent.

        They were releasing so much shit into the local nature reserve, that they have actually had to do something about it.

        And that something is “building a big pipe so they can dump it directly into the Trent.” They’ve already hacked down a load of trees to make room for it.

        Before:

        After:

  • tal@lemmy.today
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    8 months ago

    It sounds like kind of an emergency situation, where concurrent breakdowns of infrastructure led to an existing sewage station being overwhelmed. The sewage had to be hauled away, and the argument is over whether dumping it in the ocean was reasonable or whether it was viable to haul it to another sewage station.

    But whatever the outcome, it doesn’t sound like it’s something that one would expect to occur on a regular basis. That is, it’s not like, say, a combined sewer that intrinsically needs to dump untreated sewage into waterways when it’s particularly rainy (or, rather, I don’t know whether this particular sewer was a combined sewer, but the specific problem that led to the trucks dumping sewage relied upon breakdowns).

    • SeaJ@lemm.ee
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      8 months ago

      You know goddamn well how they determined viability was whether it was cheaper. Don’t fall for their bullshit.

    • brbposting@sh.itjust.works
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      8 months ago

      TIL! Instantly intuitive graphic. Cool. Gross but cool!

      Edit: TIL 2: that SVGy png is nearly illegible in dark mode