Protecting the River Arun: Community Advocacy with Legal Support

By Renee Karunungan

Matthew Cripps is a lifelong wildlife enthusiast and resident of the River Arun in West Sussex. Concerned by the rapid rise in unregulated recreational river use and its impact on local wildlife, he sought advice through the Environmental Law Foundation (ELF). With support from Dr Joanna Smallwood and the University of Sussex Environmental Justice Law Clinic, Matthew is championing the river’s ecological wellbeing and calling for better protections for nature and local communities.

About the case:
Living directly on the banks of the Arun, Matthew witnessed a dramatic increase in river traffic during and after the pandemic — driven by commercial paddleboard hire, social media activity and recreational demand. Concerned about disturbance to wildlife, habitat degradation, and the absence of regulation, Matthew worked with ELF and the Sussex Environmental Justice Law Clinic to explore legal pathways. The case contributed to the development of a Rights of Nature-inspired code of conduct, informed community discussions, and strengthened public awareness around the need for balanced and responsible river use.

What motivated you to get involved in this case?

Having maintained an interest in wildlife and habitat conservation from an early age and now living on the banks of the river Arun in West Sussex, I felt compelled to try to bring some attention to the now very popular recreational activity being practised by the large number of canoeists and paddleboarders using the river and the pressure that this activity is placing upon the already overstressed river’s wildlife.

During and since the Covid epidemic the numbers of those using the river has increased hugely, originally there were just a few local people and families using the water in a respectful way. But a canoe hire company commenced operations nearby and due to social media visitors with their own equipment come from far afield. The numbers now I estimate at between 20 to 40 going past a single point during each hour on a fine day, in groups ranging from one or two, up to 10 to 20+ in slow lumbering flotillas.

Even during the night the river is used, with head torches flashing their way along the water and banks, with the people talking loudly, what detrimental effect this is having on the nighttime dwellers cannot be calculated as they can’t be seen, but it can’t be good overall!

This increased activity has reduced the species and numbers of wildfowl and waterside dwelling birds, which were once regular visitors, placing undue stress on our over pressured wildlife.

For example, the Common and Green Sandpiper rarely visit now, the kingfisher is only able to fish before and after the hoards head for home, and the heron is now a very rare visitor, choosing to fly over this section of the river rather than settling to fish as was once his domain.

The general tranquillity of the river has been shattered, by the screaming caterwauling groups, some playing music and partying their way down the river, and on occasions litter being intentionally thrown into the water.

The majority of motor-powered boats keep to the 4 knot speed limit, but on occasions boats speed down the river at speeds nearing 30 mph, causing massive bow waves and a danger to all.

So, I thought, what could be done to try and place some form of legislation on this activity which is currently completely unregulated. I am no killjoy, river activities have always been a popular recreation, but the scale of the numbers and the behaviour now is causing me to have serious concerns on the future health of this river, and I expect the same goes for many other rivers within the UK.

Those who coarse fish abide to the annual closed fishing period, from 15th March to 15th June, each year. This allows the waterside environment to be left undisturbed during the important breeding season. But there is no closed season for canoeists and paddleboarders, or even wild swimmers come to that, which places a mockery on the coarse fishing regulations.

A complete ban on water activities is certainly not the solution, but legal restrictions must be implemented to preserve both the boaters’ activities and the wildlife.

 

What impact do you think the outcome will have?

I would like to hope that by bringing this matter to the attention of a legal organisation it might place some gravitas to the Governmental groups who oversee our river systems.

To approach charitable organisations, who have vested interests in nature conservation as a whole would, in my view, not be well placed, as they will undoubtably dodge this issue due to not wanting to be associated with a radical potential social issue that would most likely give them bad publicity.

Implementing legal proposals from respected experts within our legal system is the best way forward, especially in this case as it will require laws to be introduced.

 

How did ELF’s coordination or support help make it happen?

After some research I came across the Environmental Law Foundation, who kindly supported my case which resulted in my being contacted by Dr. Joanna Smallwood and her team of trainees at the University of Sussex Environmental Justice Law Clinic.

Dr. Smallwood has successfully implemented some exceptional work for the development of the Rights of the River Ouse Charter, and I met her and her team who kindly showed great enthusiasm in my concerns and proposals.

 

What does pro bono mean to you in practice?

A free of charge service provided by a fully qualified legal team on a voluntary basis to those who are unable to afford to engage a legal firm directly.

Having this facility has enabled me to highlight my case to a professional level and has opened the door to the University of Sussex Environmental Justice Law Clinic. Without this service being available I would have not been able to pursue this to the level that it did achieve.

 

Get involved

Community members like Matthew play a vital role in holding decision-makers accountable and protecting rivers, woodlands and wildlife habitats across the UK. With support from organisations like ELF and dedicated pro bono lawyers and clinics, environmental justice becomes accessible to everyone.

If you want to use your expertise to support communities and nature, join ELF’s pro bono network!