The unsung legal heroes fighting back for wildlife

Since coming into power in Westminster, the Labour Party has been single-minded in prioritising economic considerations. Its packed legislative agenda included measures like the Planning and Infrastructure Bill, which aims to turbo-charge the delivery of infrastructure, at the expense of anticipated measures such as a proposed Climate and Nature Bill. Meanwhile, much-needed legislation to outlaw the promotion of cruel animal ‘experiences’ abroad (the Animal (Low-Welfare Activities Abroad) Act 2023 (ALWAAA)) has still not been implemented into force, more than a year after the law was passed.

Thankfully, a diverse array of bodies and legal protections are using every legal avenue to try to limit harm to nature and promote positive action.

Watchdogs showing their teeth

Having recently launched an investigation into river pollution by UK water companies, on 8 January 2025, the Office for Environmental Protection launched a new investigation into the government’s failure to take necessary action to clean up marine waters. The OEP, which was only established in November 2021, is proving itself a major success story and a much needed ally for nature, and in particular the river and marine ecosystems that aquatic creatures depend on.

An even-newer body that directly looks out for animals is the Animal Sentience Committee. The Committee is the product of the UK’s groundbreaking Animal Sentience Act 2022, which formally recognises that vertebrates and certain molluscs and crustaceans (such as crabs, shrimp and octopuses) are sentient beings with welfare needs and requires the government to take those needs into account when creating or changing laws. The Committee was set up in 2022 to ensure that the government policy pays due regard to animal welfare.

In practice, this involves reporting on proposed government legislation. It is early days and its interventions have been limited to date: the ALWAAA, perhaps understandably, received a clean bill of health. A more recent intervention in the Renters (Reform) Bill resulted in government concessions to pay more attention in guidance to the welfare needs of pets other than just cats and dogs and provide training on animal welfare to the Ombudsman for landlord-tenant disputes.

In time, it is to be hoped that the Committee grows into its role in holding the government to account wherever policy has the potential to affect sentient creatures. There is no reason why this should not extend to the UK’s trade policy with other countries that are allowing habitat destruction, inhumane farming practices or other cruel treatment of animals.

Strategic litigation

If it does not do so, the statutory duty to take animal welfare into account could give grounds for charities and other interest groups to take action against the government directly, at least in relation to domestic legislation. We are seeing a rapid growth in purpose-driven litigation being brought against both public and private bodies. An ecosystem of increasingly sophisticated claimants, philanthropic funders and law firms such as Bates Wells, alongside a growing body of cases such as the Supreme Court’s decisions in Finch, on scope 3 emissions, and Manchester Canals, on the ability to bring pollution claims against water companies, is creating a snowball effect that can no longer be ignored.

To date, the bulk of strategic litigation has focussed on climate change or environmental harm, rather than animal protection per se. But the playbook now exists for claims to be brought on more animal-centric issues. One possible route for this, aside from the Animal Sentience Act, could arise from one of the previous government’s environmental successes: the biodiversity net gain (BNG) regime. Since early 2024, developers have been required to deliver a BNG of 10% on new developments, or else purchase ‘credits’ on the market. With limited oversight over the market, a clear potential exists for scandals in the market or ‘biowashing’ by developers that are not truly working to promote more healthy flora and fauna in the environments in which they operate.

Stepping up protections

With so much focus, rightly, on climate change and the need to protect natural environments, the animal protection agenda has had to fight hard for policy space and public attention. Slowly but surely, though, progress is being made on a number of fronts and lessons are being learned from the, often interrelated, climate litigation agenda. Sadly, for many species, positive action will come to late. Nevertheless, new legal ways and means are opening up every day to strengthen the protection of animals, in the UK and overseas.