November 3rd, 2025
Championing River Rights: Dr. Joanna Smallwood on Pro Bono Work for Nature
Dr. Joanna Smallwood is an Associate Professor and Solicitor at the University of Sussex and leads the University’s Environmental Justice Law Clinic — the first Rights of Nature hub in the UK. Working in partnership with the Environmental Law Foundation (ELF), Joanna and her students provide pro bono legal advice on environmental issues, supporting communities and individuals seeking justice for nature.
About the case:
The River Arun case centred on the growing issue of unregulated recreational activities — such as paddleboarding, canoeing and swimming — disrupting river ecosystems and wildlife. The clinic worked with local groups to assess potential legal remedies and develop a Rights of Nature Voluntary Code of Conduct, designed to balance public enjoyment of the river with the ecological needs of wildlife.
What motivated you to get involved in this case?
The River Arun case raised important issues of the potential negative impacts of unregulated water sports on river wildlife, an escalating problem that is not given enough attention. It is great to see so many people enjoying river activities such as canoeing, paddle boarding and swimming and this allows people to feel really connected to nature. However, often the human impact of these recreational activities on the many other river users/wildlife, who depend on the river for their lives, are not fully considered. For example, on long summer days when river users are constantly on the river from dawn to dusk, this leaves wildlife with no quiet time to feed, rest or rear their young.
What impact do you think the outcome will have?
A key outcome of this case involved advice on potential legal actions such as private and public nuisance, offences under the Wildlife and Countryside Act 1981 (WCA 1981), navigation rights for non-commercial crafts and antisocial behaviour. However, in my view, the most impactful outcome was the development of a Rights of Nature Voluntary Code of Conduct for use of the River Arun. Our code of conduct accounts for the needs and rights of river wildlife to flourish. Voluntary codes of conduct can be very influential in initiating change by educating river users and promoting awareness around the wildlife and the needs of the wildlife on the river. The code of conduct was presented at a local river meeting, to local wildlife groups and local councillors. Our RoN code of conduct can be adapted and applied in different contexts.
How did ELF’s coordination or support help make it happen?
The University of Sussex Environmental Justice Law Clinic works closely with ELF and is the first Rights of Nature hub in the UK. ELF forwards potential cases to our clinic and provides excellent support when needed. For example, if matters require further input from a barrister we will work closely with ELF to give our clients (often acting on behalf of nature) the best advice possible.
What does pro bono mean to you in practice?
The pro bono work undertaken by the University of Sussex Environmental Justice Law Clinic helps to fill a much-needed gap in access to justice for nature and the individuals and communities who seek to protect it. Our dedicated students work hard with their supervisors to provide excellent legal advice and innovative solutions for the environmental issues raised.
Get involved:
At the Environmental Law Foundation, we believe that access to environmental justice should be available to everyone — including nature itself. If you’re a lawyer, academic or student who wants to use your expertise to make a tangible difference, join our growing network of pro bono volunteers. Together, we can help communities defend the places they love and give voice to the environment.