Recognising the rights of a river with pro bono support

Emily Julier
Hogan Lovells, London
emily.julier@hoganlovells.com

Yasmin Waljee
Hogan Lovells, London
yasmin.waljee@hoganlovells.com

In February 2025, Lewes District Council made history by supporting^[1] a Charter for the Rights of the River Ouse^[2] (a river in Sussex) with the pro bono legal support of Hogan Lovells as instructed by the Environmental Law Foundation.

This is the first time that the inherent rights of a river have been supported by a local council in England, and the development advances the movement across the UK^[3] that seeks to have rights of nature recognised in law. Rivers and nature do not have legal personhood in England, or the corresponding right to sue and be sued in their own right, but the Charter for the Rights of the River Ouse is a step forward in legally recognising nature’s rights and ensuring that nature is considered in decision-making.

The Charter recognises the right of the River Ouse to exist in a natural state, to flow and be free of pollution as well as to have native biodiversity (among other rights). It acknowledges the rights of rivers ‘as a critical component in safeguarding the River Ouse for present and future generations.’

Rights of Nature is not a new concept. Many Indigenous peoples have a long tradition of conservation and believe that non-human beings are deserving of the same legal rights as humans. There are a growing number of examples where Rights of Nature have been legally recognised globally. Examples include the rights of the Vilcabamba River^[4] being recognised by courts in Ecuador, the Atrato River^[5] being recognised as a legal person with rights to ‘protection, conservation, maintenance, and restoration’ in Colombia and New Zealand’s Whanganui River^[6] being given legal standing to sue and be sued in its own right under the Te Awa Tupua (Whanganui River Claims Settlement) Act 2017.

Is recognising rights for rivers is a bit of a stretch? It is not the first time that non-humans have been given legal personhood – companies have enjoyed legal personhood with the ability to sue and be sued since the establishment of the concept of the corporation under Roman law. Recognising that living things and ecosystems have inherent rights separate to humans is more logical than might first be imagined.

But why are Rights of Nature needed? One might argue that England has an ever-growing body of environmental law to protect rivers and waterways and therefore novel solutions are unnecessary. But according to research from the Environment Agency and Natural England^[7] on the state of the water environment, just 14 per cent of English rivers have a good ecological status and no rivers have a good chemical status. As Matthew Bird described in the Motion on river rights for Lewes District Council, environmental laws seem to simply be regulating the rate of destruction of nature, rather than preventing it.^[8]

Acknowledging that nature has inherent legal rights offers a new (or perhaps ancient) way to protect nature in England. Moving beyond the environmental protection regulatory framework recognises the dependence of humans on nature and ecosystems and the inherent right of nature to co-exist with humans.

A huge amount of work lies behind the Charter on Rights of the River Ouse. Lewes District Council passed a Motion in February 2023 agreeing to explore the implementation of the Rights of Rivers along the River Ouse.^[9] The Charter was developed over the following two years by the community initiative, Love Our Ouse, which worked with many stakeholders such as Lewes District Council, Ouse and Adur Rivers Trust, the Railway Land Wildlife Trust, Sussex Wildlife Trust and the Southwood Foundation, as well as many other local businesses and residents in Lewes. The project received pro bono legal support from the Environmental Law Foundation, barrister Monica Feria-Tinta and law firm Hogan Lovells. Emma Montlake of the Environmental Law Foundation described the Charter as ‘a new chapter for the Ouse’s ecological health and its own river governance’.

But the Charter is not the end of the story. For the Rights of Nature movement to grow, there needs to be recognition of Rights of Nature across England. And for the rights of the Ouse to be considered in decisions which affect it, it needs to be represented by people to ensure that its voice is heard. Ultimately, Rights of Nature need to be enshrined in English law as they have been in Colombia and Ecuador and many other countries.

Lewes District Council will no doubt be considering how they can ensure that the voice of the river is heard over the coming years. There are many international examples of guardianship structures which give nature a voice where their rights might be affected, including an individual representative or citizen committees supported by advisory groups, a seat for nature on boards and councils and making nature a shareholder or a stakeholder in private and public sector organisations.

At Hogan Lovells, one of their five strategic business priorities has always been a commitment to society and within that, the firm’s pro bono theme includes supporting innovation in environmental protection. This provides a platform to develop groundbreaking partnerships such as that with the Environmental Law Foundation.

If you are interested in learning more, start by taking a look at ‘A Rights of Nature Toolkit: How to Protect Rivers in England and Wales’.^[10] You can also get in touch with Hogan Lovells or the Environmental Law Foundation if looking to draft a charter for nature in your local jurisdiction.