High Court Pauses Toxic Tees Dredging Licence in Major Win for Campaigner

The River Tees, a vital waterway for industry and shipping in north-east England, has been heavily polluted for decades from old factories and chemicals. To keep the port open, operators regularly dredge the riverbed and dump the sludge at sea. Now, Law for Change has supported a retired industrial chemist who has forced a rethink of a major new licence to continue this practice.

Dr Gibbon had reached out to the MMO both during and after the consultation process to address the issues he saw, yet the MMO failed to respond to the issues raised and has subsequently acknowledged that key evidence was not taken into account, according to Goodenough. The legal proceedings forced the MMO to engage with Gibbon's concerns in a way in which an individual could not.

In R (Gibbon) v Marine Management Organisation, Goodenough Ring Solicitors, representing Dr Simon Gibbon, challenged the Marine Management Organisation's (MMO) decision to grant a 10-year licence to PD Teesport Ltd. This licence allowed dumping dredged sediment, potentially laden with toxins, into the North Sea off Teesside. Dr Gibbon argued the MMO's checks were too weak: just 31 samples to test a huge polluted area, skimping on international rules (OSPAR) against marine dumping and a light-touch approach that had continued for the past 15 years.

The High Court agreed. It issued a suspended quashing order: the licence stands for now (so port dredging can continue), but the MMO must fix these legal flaws fast - or the licence gets scrapped. The licence must be re-determined within 12 months, Alice Goodenough, of Goodenough Ring Solicitors said: “There are known concerns, including very high mortality rates of seal pups that require investigation. If the MMO fails to adequately assess the licence application again, the likely result will be another judicial review in 12 months' time.”

Goodenough shared what they are looking for following the consent order:

“We would hope to see a greater scrutiny of these licences by the MMO and other regulators. In particular, we expect to see adequate habitat assessments and Environmental Impact Assessments carried out as part of these processes, as well as compliance with OSPAR.

It may be that there has also already been an impact beyond the MMO’s agreement to re-determine the licence. Approximately 7 weeks after our pre-action letter was sent and 2 weeks after our claim was filed, Natural England announced a new tender for “Review of Sediment Contamination in the Teesmouth Estuary and Ecological Impacts to SPA Supporting Habitats.”

Dredging keeps ports working but risks spreading historic poisons like heavy metals and forever chemicals into the sea, harming fish, seals and beaches.Disturbing these contaminants through dredging and disposal, risks harming marine life and human health, if they enter our food chains. The ruling demands tougher science: more samples, proper use of pollution rules, and no hiding behind lax enforcement. 

The suspended order, keeping operations going while forcing a rethink, reassures the courts they can intervene without halting key infrastructure. 

Backed by Law for Change, Dr Gibbon proves one expert voice can beat big regulators. The quashing order protects jobs while forcing better decisions - a model for future green cases.

Just as Law for Change helped Sarah Finch win at the Supreme Court, making councils count oil project pollution properly, this Tees case demands regulators face hidden environmental harms head-on.  

Next
Next

Judicial Review Leads to FCDO Policy Change for Gazan students and their families