We're supporting Spanish citizens in court against their authorities for not acting to stop pollution from industrial livestock-rearing

In a legal first, Spanish citizens have launched court action against national and regional authorities, arguing that their mismanagement of pollution from decades of intensive pig-rearing has made life in their community “unfeasible” - and is putting their health at risk. 

It marks the first time a court in Europe will hear a case on the human rights impacts of intensive livestock operations on water sources.  

There are hundreds of intensive pig and poultry farms in the A Limia region of Galicia that rely on what are seen as rubber-stamp approvals from the local authority in order to operate. Both national and European law requires the authorities to protect the health and well-being of local residents. The claimants say that legally, this principle should be decisive when assessing whether industrial agriculture facilities should be approved.

However, living conditions in the area have become dire – with residents feeling exposed to serious risks to their health, being too afraid to drink water from their local wells and not being able to open their windows due to the stench of the nearby livestock operations. In some instances, municipal water supplies have also been polluted.

As repeated attempts to ask local and other authorities to address the pollution plaguing the area have failed, residents of the town of As Conchas are now taking these bodies to the High Court of Justice of Galicia for what they claim is a breach of national and European law. They are supported by environmental charities ClientEarth and Friends of the Earth Spain. Among the claimants is consumer organisation CECU, representing the region of A Limia.

Pablo Álvarez Veloso, president of the local neighbourhood association and a claimant in the case, said:  

“Like many who live in As Conchas, I’m too afraid to drink the water from our own wells because of all this contamination. We are so concerned about the pollution that even the idea of walking near the reservoir has become unfeasible.  

“However, rather than warn our community of the true extent of pollution in the area, our local authorities are claiming the water is in ‘good condition’. Every year, they say children can swim and play in the reservoir without a warning in sight of how toxic the water may be.  

“We’ve tried many times to raise these issues with local government directly – but we believe we are not being listened to. So we’re taking matters into our own hands – we’re going to court to protect our community.”  

An extremely high level of nitrates has been recorded at the local reservoir – which is a well-known risk factor for a number of cancers, including thyroid, breast, ovarian, stomach, pancreatic and bladder cancer. Its presence has also been associated with non-Hodgkins Lymphoma (NHL) and methemoglobinemia - a potentially life-threatening disease originating in the blood. 

In addition to nitrates, studies have found antibiotic-resistant bacteria in the reservoir –known to cause diseases that are very difficult (and in some cases impossible) to treat. The World Health Organization (WHO) has warned that these types of antibiotic-resistant superbugs rank as one of the top ten threats to humanity. [1]  

The strong odour from these intensive facilities is the product, as the complaint claims, of fine particles in the air – which can cause both respiratory issues and asthma, particularly for young and elderly people. [2] 

Mercedes Álvarez de León, a claimant in the case and local business owner, said:  

“I moved to As Conchas almost forty years ago. I’ve raised my family and opened my business here - just beside our local reservoir - and I’ve seen how much the area has changed for the worse.  

“Throughout the warmest months of the year, we’re too afraid to even open the windows to cool the house down - because that’s when the smell from the reservoir is at its very worst.  

“During the summer, the headaches I’ve had since 2012 only get worse and more frequent. I’ve gone to the doctor time and time again to figure out what’s causing it – and they can’t seem to figure it out. I think it’s because of this pollution.  

“It’s got so bad that there are days where I don’t even leave my house.”  

Even with the clear risks to public health laid out in the lawsuit, and the struggles As Conchas residents face daily, the local authorities continue to allow these industrial farms to operate as they are.  

Permits are still being granted to new farms, despite the obligations the authorities have under the Spanish constitution, the European Convention on Human Rights and national and European environmental law.  

ClientEarth lawyer Nieves Noval said:  

“Both the Spanish constitution and European law could not be clearer: public authorities have a legal obligation to protect people from harm – and even from exposure to harmful pollution.  

“We believe the authorities are failing these residents – as despite knowing and seeing the real-time impact of industrial livestock rearing in the area, they continue to approve these sites again and again.  

“This failure is unlawful – and it's led to the situation our claimants have to live with day-in and day-out. Unchecked pollution has put their health at risk, and compromised their water, the air they breathe and the soil they grow their own food in.  

“Families who have been in As Conchas for generations have seen their home become a dumping site for livestock runoff – and it cannot continue.  

“We are proud to be supporting this community and will provide whatever support we can in the courtroom to help bring them justice.”  

Friends of the Earth representative Blanca Ruibal, who is supporting the case, said: 

“The situation that the region of A Limia has reached is unacceptable: an entire community is suffering the consequences of pollution from industrial livestock rearing, with serious health risks and the impossibility of leading a normal life – due, as the claimants argue, to inadequate control by the different administrations involved.

“The reservoir should be an area for local people to enjoy, but it has become a dungheap.

“This model of intensive agriculture brings harm to people and the environment, and the authorities have a responsibility to protect the fundamental rights of the population. It is urgent that a plan is established to reduce industrial livestock rearing and to promote free-range livestock farming, agroecology, and food production models that respect the limits of ecosystems. The government needs to act to keep the rural world alive.

“We will do everything in our power to defend and support the plaintiffs in this situation of injustice. At the same time, we hope that a precedent will be set and that more people will be able to join lawsuits of this kind to demand that the fundamental rights of communities be respected once and for all.”

David Sánchez, director of CECU, said:  

"The local population is in a situation where they cannot drink the water from their taps with peace of mind, and instead get it from tanker trucks or have to buy bottled water. This is unacceptable. We demand that the competent administrations act to find a solution - they cannot claim ignorance of the situation. It is the responsibility of the administration to ensure that the activities of the livestock industry respect the environment and do not compromise the water supply from wells or the municipal network."