OEP issues information notices for suspected WFD Regulations breaches
The Office for Environmental Protection (OEP) has confirmed that it has identified possible failures by the Department for Environment, Food and Rural Affairs (Defra) and the Environment Agency to comply with the Water Framework Directive Regulations. Both authorities have been issued information notices detailing suspected breaches of environmental law and have two months to respond formally. The possible failures relate to the preparation, approval and implementation of programmes of measures under River Basin Management Plans published in 2022, exemption reasoning, public consultation processes, and requirements to prevent deterioration in water body status. For Defra, the OEP has identified possible failures to comply with regulations 3 and 12 of the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017, while for the Environment Agency, possible failures relate to regulations 3, 12, 16, 17, 29 and 36. The investigation follows the OEP's May 2024 report on Water Framework Directive implementation and the April 2025 Court of Appeal judgment in Secretary of State for Environment, Food and Rural Affairs v R (Pickering Fishery Association).