Galicia’s historic livestock pollution ruling: A win for human rights, a test for nature

Livestock farming and agriculture have become a talking point in the climate change conversation owing to the greenhouse gas and air pollution emissions from these activities. In recent years, awareness of the toxic impacts of slurry and other fertilisers used in the farming, on our rivers and other water ways, has increased.

In this article, we consider a recent development in Spain where a case was successfully brought against the Regional Government of Galicia, A Xunta de Galicia, and the Miño-Sil River Basin Authority for human rights breaches as a result of pollution from pig and poultry farms. This decision marks a significant legal precedent in Europe, being the first of its kind to establish the failure of the administrative bodies to discharge their duty to protect the rights of residents regarding agriculture-compromised water. 

As Conchas’ judgment 

For several decades, residents of the town of As Conchas, located near the districts of A Limia and Baixa Limia have been exposed to severe contamination of groundwater and surface water. This pollution has also impacted air and soil quality, making life untenable and putting the population’s health at risk. Residents are afraid of drinking water from local wells or to open their windows due to the odour.

The source of the contamination is the exponential growth of industrial livestock farming, mainly of pigs, which has been prevalent since 1989 in the area. Over 300 macro-farms produce a huge amount of animal waste. The mismanagement of the waste has led to the leaching of nitrates into the groundwater. The Court held that excessive consumption of this contaminant – a known carcinogen – through food or water poses a direct and serious risk to life. This polluted water then flows into the river, where cyanobacterial blooms occur, further exacerbated by the presence of antibiotics and chemicals used in industrial farming. The court noted that antibiotic-resistant bacteria pose a serious and escalating risk to public health. The World Health Organisation has classified exposure to these bacteria as a significant public health threat, with some estimates that suggest that one in four people alive today could die from a related antibiotic-resistant infection. 

Last week, the Spanish Supreme Court upheld the decision of the Tribunal Superior de Xustiza de Galicia (TSX), the High Court of Galicia, made on 11 July 2025, which declared that both national and regional authorities had breached the human rights of residents in the Galician area of As Conchas under the Spanish Constitution and European human rights law. The ruling follows years of administrative inaction in addressing environmental pollution caused by intensive livestock facilities in the area.

The TSX held that both A Xunta and the Miño-Sil River Basin Authority (CHMS, Conferederación Hidrográfica del Miño-Sil) were liable. The Tribunal found A Xunta to have violated its statutory obligations by allowing an excessive increase of macro-farms in the area, failing to mitigate the associated risks, and by inadequately managing the waste produced by these farms. The CHMS was found to have breached its legal obligation to control water quality. The TSX exonerated local councils finding that their involvement was indirect through the condemned entities. 

The TSX placed considerable emphasis on European Human Rights standards and international environmental law. The Court expressly referred to the KlimaSeniorinnen case (heard before the European Court of Human Rights), as a key precedent for interpreting and applying the right to family life in environmental matters. Additionally, the judgment cites the first principle of the Stockholm Conference on the Human Environment and the Brundtland Report, concluding that governments must effectively enforce their legal frameworks for the enjoyment of a hazard-free environment. 

Accordingly, the TSX declared that the inaction of A Xunta and CHSM infringed upon multiple human rights, including the right to life, the right to privacy, and the inviolability of the home and property, specifically in relation to the right to access clean water. Furthermore, the Court recognised the right to the enjoyment of a healthy environment, all as enshrined under the Spanish Constitution.

In light of its decision, the TSX ordered that both A Xunta and CHSM must take immediate corrective measures to address and prevent further environmental damage. It also ordered compensation for moral damages be paid to the affected parties, with each claimant entitled to monthly payments of €1,000 euros calculated retrospectively from the date the claims were filed. Compensation is capped at €30,000 for seven claimants residing in As Conchas, and at €6,000 for one family member due to the severe impact on her relatives.

Comment

This case illustrates the substantial impact that agricultural activity can have on a local community. The case marks a step forward in holding governments accountable for their inaction and highlights the role that human rights-based arguments and environmental principles can play in the interpretation, implementation and enforcement of national obligations. With Claimants across the UK and Europe looking to bring environmental claims based in human rights law, this case represents an important exemplar of the applicability of the historic KlimaSeniorinnen judgment. The judgment is also a striking example of the interplay between the protection of human rights and the protection of the environment affirmed by the ICJ’s Advisory Opinion on the obligations of States in respect of Climate Change.

In some ways, it is unsurprising to see Spain leading in protecting its rivers and waterways in novel ways from agricultural pollution. For instance, Spain made waves in Europe in 2022 when, for the first time across the continent, the Spanish Government gave legal personality to an ecosystem: the lagoon, Mar Menor, and its basin. Whilst the legality of this was challenged by an opposition party, a ruling from the Spanish Constitutional Court upheld the law. 

As we await the hearing in relation to Mar Menor, the TSX judgment in Galicia shows it is well worth keeping an eye on Spain as it develops jurisprudence in these areas.