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Pentagon tries to dodge PFAS lawsuits over a product it helped invent

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Tuesday, March 12, 2024

The United States government said it is immune to 27 lawsuits filed by local and state governments, businesses, and property owners over the military’s role in contaminating the country with deadly PFAS, also known as “forever chemicals.” The lawsuits are a small fraction of the thousands of cases brought by plaintiffs all over the country against a slew of entities that manufactured, sold, and used a product called aqueous film-forming foam, or AFFF — an ultra-effective fire suppressant that leached into drinking water supplies and soil across the U.S. over the course of decades. The Department of Justice asked a U.S. district judge in South Carolina to dismiss the lawsuits last month, arguing that the government can’t be held liable for PFAS contamination. Lawyers for the plaintiffs called the move “misguided” and said that dismissing the lawsuits would extend an ongoing environmental catastrophe the Pentagon helped create.  Per- and polyfluoroalkyl substances, commonly known by the acronym PFAS (pronounced PEA’-fass), were invented by the chemical giant DuPont in the 1940s. DuPont trademarked the chemical as “Teflon,” which many Americans came to know and love for its use in nonstick cookware in the back half of the 20th century. 3M, another industry behemoth, quickly surpassed DuPont as the world’s largest manufacturer of PFAS, which have also been used in makeup, food packaging, clothing, and many industrial applications such as plastics, lubricants, and coolants.  Unfortunately, PFAS cause a host of health problems. PFAS have been linked to testicular, kidney and thyroid cancers; cardiovascular disease; and immune deficiencies. The Department of Defense became involved in PFAS development in the 1960s. In response to a number of deadly infernos on military ship decks, the Navy’s research arm, the Naval Research Laboratory, collaborated with 3M on a new kind of firefighting foam that could put out high-temperature fires. The foam’s active ingredient was “fluorinated surfactant,” otherwise known as perfluorooctane sulfonic acid or PFOS — one of thousands of chemicals under the PFAS umbrella. Internal studies and memos show that 3M became aware that its PFAS products could be harmful to animal test subjects not long after the foam was patented.   Starting in the 1970s, every Navy ship — and, soon, almost every U.S. military base, civilian airport, local fire training facility, and firefighting station — had AFFF on site in the event of a fire and to use for training. Year after year, the foam was dumped into the ocean and on the bare ground at these sites, where it contaminated the earth and migrated into nearby waterways. The chemicals, which do not break down naturally in the environment, are still there today. According to the nonprofit Environmental Working Group, there are 710 military sites with known or suspected PFAS contamination across the country, including Guam, Puerto Rico, and the U.S. Virgin Islands.  Absorbent booms used to contain aqueous film-forming foam near a scene of a fire in Pennsylvania in 2019. Bastiaan Slabbers / NurPhoto The Department of Defense, or DOD, has been under growing pressure from states and Congress to clean up these contaminated sites. But it has been slow to do so, or even to acknowledge that PFAS, which has been found in the blood of thousands of military service members, pose a threat to human health. Instead, the DOD, which is required by Congress to phase out AFFF in some of its systems, doubled down on the usefulness of the chemicals as recently as 2023. “Losing access to PFAS due to overly broad regulations or severe market contractions would greatly impact national security and DOD’s ability to fulfill its mission,” defense officials wrote in a report to Congress last year.  Meanwhile, people living near military bases — and members of the military — have been getting sick. The lawsuits filed in the U.S. District Court in South Carolina, which were brought by farmers and several states, seek to make the government pay for the water and property contamination the DOD allegedly caused.  Even if these lawsuits are allowed to proceed, experts told Grist they are not likely to be successful. That’s because they rely on the 1946 Federal Tort Claims Act, a law that allows individuals to sue the federal government for wrongful acts committed by people working on behalf of the U.S. if the government has breached specific, compulsory policies. But the Federal Tort Claims Act has loopholes. One of these loopholes, called the “discretionary function” exemption, states that federal personnel using their own personal judgment to make decisions should not be held liable for harms caused. The U.S. government is arguing that members of the military were using their discretion when they began requiring the use of AFFF and that no “mandatory or specific” restrictions on the foam were violated. “For decades military policy encouraged — rather than prohibited — the use of AFFF,” the Department of Justice wrote in its motion to dismiss the cases.  “Every decision has some discretion to it,” said Carl Tobias, a professor at the University of Richmond School of Law, noting that the discretionary function exemption could be applied to virtually any decision made by a federal employee. “But I don’t think anyone, except maybe the manufacturers of PFAS, had much of an inkling that it was so harmful,” he said. 3M and DuPont did not reply to Grist’s requests for comment. A maintanence worker at the Peterson Air Force Base in Colorado Springs gives a thumbs up to crew on a C-130 aircraft. Andy Cross / The Denver Post via Getty Images In its motion to dismiss, the government made another argument that experts told Grist is likely to be successful. The Pentagon has the authority under the 1980 Comprehensive Environmental Response, Compensation, and Liability Act — better known as the Superfund Act — to clean up its own contaminated sites. The Environmental Protection Agency hasn’t classified PFAS contamination as “hazardous contamination” yet, but the DOD says it is already spending billions to investigate and control PFAS at some of its bases. Because the military is voluntarily exercising its cleanup authority under the Superfund Act, its lawyers said in the motion, it should not be held liable for PFAS contamination.  Lawyers for the plaintiffs and the defendants declined requests for comment, citing the ongoing legal proceedings.  The U.S. government is the only defendant involved in the PFAS lawsuits that is likely to enjoy immunity. Already, 3M, DuPont, and other chemical companies, faced with the threat of high-profile trials, have opted to pay out historic, multi-billion-dollar settlements to water providers that alleged the companies knowingly contaminated public drinking water supplies with forever chemicals. And the judge presiding over the enormous group of AFFF lawsuits has hundreds of other cases to get through that were not brought by water providers. These include personal injury and property damage cases, as well as those seeking to make PFAS manufacturers pay for medical monitoring for exposed populations.  The scale of the litigation is a clear indication that communities around the U.S. are desperate to find the money to pay for PFAS cleanup — the full cost of which is not yet clear, but could be as much as $400 billion. “We can’t even imagine what it would cost,” Tobias said. This story was originally published by Grist with the headline Pentagon tries to dodge PFAS lawsuits over a product it helped invent on Mar 12, 2024.

The U.S. government is seeking immunity from 27 lawsuits related to a toxic firefighting foam used on military bases.

The United States government said it is immune to 27 lawsuits filed by local and state governments, businesses, and property owners over the military’s role in contaminating the country with deadly PFAS, also known as “forever chemicals.” The lawsuits are a small fraction of the thousands of cases brought by plaintiffs all over the country against a slew of entities that manufactured, sold, and used a product called aqueous film-forming foam, or AFFF — an ultra-effective fire suppressant that leached into drinking water supplies and soil across the U.S. over the course of decades.

The Department of Justice asked a U.S. district judge in South Carolina to dismiss the lawsuits last month, arguing that the government can’t be held liable for PFAS contamination. Lawyers for the plaintiffs called the move “misguided” and said that dismissing the lawsuits would extend an ongoing environmental catastrophe the Pentagon helped create. 

Per- and polyfluoroalkyl substances, commonly known by the acronym PFAS (pronounced PEA’-fass), were invented by the chemical giant DuPont in the 1940s. DuPont trademarked the chemical as “Teflon,” which many Americans came to know and love for its use in nonstick cookware in the back half of the 20th century. 3M, another industry behemoth, quickly surpassed DuPont as the world’s largest manufacturer of PFAS, which have also been used in makeup, food packaging, clothing, and many industrial applications such as plastics, lubricants, and coolants. 

Unfortunately, PFAS cause a host of health problems. PFAS have been linked to testicular, kidney and thyroid cancers; cardiovascular disease; and immune deficiencies.

The Department of Defense became involved in PFAS development in the 1960s. In response to a number of deadly infernos on military ship decks, the Navy’s research arm, the Naval Research Laboratory, collaborated with 3M on a new kind of firefighting foam that could put out high-temperature fires. The foam’s active ingredient was “fluorinated surfactant,” otherwise known as perfluorooctane sulfonic acid or PFOS — one of thousands of chemicals under the PFAS umbrella. Internal studies and memos show that 3M became aware that its PFAS products could be harmful to animal test subjects not long after the foam was patented.  

Starting in the 1970s, every Navy ship — and, soon, almost every U.S. military base, civilian airport, local fire training facility, and firefighting station — had AFFF on site in the event of a fire and to use for training. Year after year, the foam was dumped into the ocean and on the bare ground at these sites, where it contaminated the earth and migrated into nearby waterways. The chemicals, which do not break down naturally in the environment, are still there today. According to the nonprofit Environmental Working Group, there are 710 military sites with known or suspected PFAS contamination across the country, including Guam, Puerto Rico, and the U.S. Virgin Islands. 

Absorbent booms used to contain aqueous film-forming foam near a scene of a fire in Pennsylvania in 2019. Bastiaan Slabbers / NurPhoto

The Department of Defense, or DOD, has been under growing pressure from states and Congress to clean up these contaminated sites. But it has been slow to do so, or even to acknowledge that PFAS, which has been found in the blood of thousands of military service members, pose a threat to human health. Instead, the DOD, which is required by Congress to phase out AFFF in some of its systems, doubled down on the usefulness of the chemicals as recently as 2023. “Losing access to PFAS due to overly broad regulations or severe market contractions would greatly impact national security and DOD’s ability to fulfill its mission,” defense officials wrote in a report to Congress last year. 

Meanwhile, people living near military bases — and members of the military — have been getting sick. The lawsuits filed in the U.S. District Court in South Carolina, which were brought by farmers and several states, seek to make the government pay for the water and property contamination the DOD allegedly caused. 

Even if these lawsuits are allowed to proceed, experts told Grist they are not likely to be successful. That’s because they rely on the 1946 Federal Tort Claims Act, a law that allows individuals to sue the federal government for wrongful acts committed by people working on behalf of the U.S. if the government has breached specific, compulsory policies.

But the Federal Tort Claims Act has loopholes. One of these loopholes, called the “discretionary function” exemption, states that federal personnel using their own personal judgment to make decisions should not be held liable for harms caused. The U.S. government is arguing that members of the military were using their discretion when they began requiring the use of AFFF and that no “mandatory or specific” restrictions on the foam were violated. “For decades military policy encouraged — rather than prohibited — the use of AFFF,” the Department of Justice wrote in its motion to dismiss the cases. 

“Every decision has some discretion to it,” said Carl Tobias, a professor at the University of Richmond School of Law, noting that the discretionary function exemption could be applied to virtually any decision made by a federal employee. “But I don’t think anyone, except maybe the manufacturers of PFAS, had much of an inkling that it was so harmful,” he said. 3M and DuPont did not reply to Grist’s requests for comment.

A maintanence worker at the Peterson Air Force Base in Colorado Springs gives a thumbs up to crew on a C-130 aircraft.
A maintanence worker at the Peterson Air Force Base in Colorado Springs gives a thumbs up to crew on a C-130 aircraft. Andy Cross / The Denver Post via Getty Images

In its motion to dismiss, the government made another argument that experts told Grist is likely to be successful. The Pentagon has the authority under the 1980 Comprehensive Environmental Response, Compensation, and Liability Act — better known as the Superfund Act — to clean up its own contaminated sites. The Environmental Protection Agency hasn’t classified PFAS contamination as “hazardous contamination” yet, but the DOD says it is already spending billions to investigate and control PFAS at some of its bases. Because the military is voluntarily exercising its cleanup authority under the Superfund Act, its lawyers said in the motion, it should not be held liable for PFAS contamination. 

Lawyers for the plaintiffs and the defendants declined requests for comment, citing the ongoing legal proceedings. 

The U.S. government is the only defendant involved in the PFAS lawsuits that is likely to enjoy immunity. Already, 3M, DuPont, and other chemical companies, faced with the threat of high-profile trials, have opted to pay out historic, multi-billion-dollar settlements to water providers that alleged the companies knowingly contaminated public drinking water supplies with forever chemicals. And the judge presiding over the enormous group of AFFF lawsuits has hundreds of other cases to get through that were not brought by water providers. These include personal injury and property damage cases, as well as those seeking to make PFAS manufacturers pay for medical monitoring for exposed populations. 

The scale of the litigation is a clear indication that communities around the U.S. are desperate to find the money to pay for PFAS cleanup — the full cost of which is not yet clear, but could be as much as $400 billion. “We can’t even imagine what it would cost,” Tobias said.

This story was originally published by Grist with the headline Pentagon tries to dodge PFAS lawsuits over a product it helped invent on Mar 12, 2024.

Read the full story here.
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Thirsty future: Australia’s green hydrogen targets could require vastly more water than the government hopes

To make green hydrogen, take water and split it into hydrogen and oxygen. It sounds simple – but the government’s water-use figures may be a drastic underestimate.

totajla/ShutterstockGreen hydrogen is touted by some as the future – a way for Australia to slowly replace its reliance on fossil fuel exports. The energy-dense gas has the potential to reduce emissions in sectors challenging to decarbonise, such as steelmaking and fertiliser manufacturing. The Albanese government wants it to be a massive new export industry and has laid out a pathway through its National Hydrogen Strategy. Unfortunately, there’s a real gap between rhetoric and reality. Despite ambitious plans, no green hydrogen project has yet succeeded in Australia. The technology’s most prominent local backer, billionaire miner Twiggy Forrest, has dialled down his ambition. Globally, just 7% of announced green hydrogen projects are up and running. Economic viability is one problem. But there’s a much larger issue flying under the radar: water. Hitting the 2050 target of 15 million to 30 million tonnes of hydrogen a year would use 7–15% of the amount Australia’s households, farms, mines and black coal power plants use annually. That’s simply not sustainable. Splitting water Green hydrogen uses renewable energy to power electrolyser machines, which split water molecules into hydrogen and oxygen. On the surface, this is an appealing use of clean energy, especially during solar peak periods. But what the government hasn’t properly accounted for is the water cost for green hydrogen. The strategy states water use is likely to be “considerable but not prohibitive”. This is questionable. For every kilogram of hydrogen produced through electrolysis, nine litres of water are directly consumed. That’s not all. The water needed to make hydrogen has to be extremely pure. Salt water has to be desalinated, and even fresh water needs purification. Equipment also needs cooling, which consumes even more water. All these processes incur substantial indirect water losses, such as the water used for industrial processes and cooling. The volumes used are highly uncertain. They can be up to 20 times greater than the direct water use. A key input value for the government’s hydrogen strategy modelling is taken from a 2015 report by the Argonne National Energy Laboratory in the United States, which assumes each kilogram of green hydrogen produced requires just over 30 litres of water. The Australian hydrogen strategy suggests 30 litres per kilogram of hydrogen would cover “all system losses including purification processes and cooling water required”. But it’s not clear if this figure covers other uses of water in making hydrogen, such as water treatment. Green hydrogen could help industrial sectors transition from fossil fuels. The problem is the water use. Audio und werbung/Shutterstock How much water would this use? According to the government’s modelling, making 15 million tonnes would require 740 billion litres of water. That would be about 7% of the 10,450 billion litres used by all of Australia’s households, farms, mines and black coal power plants. The government’s National Hydrogen Strategy shows the water use by major industries. Their total water use is 10,450 gigalitres annually. Department of Climate Change, Energy, the Environment and Water That’s substantial. One and a half Sydney Harbours worth, every year. But it might be a major underestimate. After all, estimates on indirect water use differ widely. The government’s figures are at the very bottom of the range. For instance, the latest research gives water consumption figures of about 66 litres per kilogram – more than twice as large. Other sources give values between 90 and 300 litres per kilogram of hydrogen – three to ten times higher. Uncertainty in modelling is normal. But the wide research suggesting much higher water use should give rise to real concern. If we take a middle-of-the-range figure of 95 litres per kilogram, this would mean that making 15 million tonnes of green hydrogen would use up 22% of the 10,450 billion litres used by households, farms, mines and black coal power plants annually by 2050. If hydrogen was even thirstier at 310 litres per kilogram, that would translate to 72% of that figure. These estimates are enormous. Even under the most optimistic scenario, the draw on Australia’s scarce freshwater resources would simply be too much. Where would this water come from? Farmers? Groundwater? Environmental flows from rivers? As the Queensland Farmers Federation pointed out in its response to the hydrogen strategy, the figures on water use “beg the question if they are in fact sustainable”. The Water Services Association of Australia has called for much greater attention to the water demands of green hydrogen, which it says are “often seriously underestimated”. What about saltwater? Australia has no shortage of oceans. The problem here becomes energy and wastewater. Desalination is still very energy intensive. Converting saltwater to fresh also produces large volumes of super-salty brine, which must then be managed as waste. Which way forward? Does this mean green hydrogen is a non-starter? Not necessarily. Improved electrolyser technology might offer ways to slash water use, while circular economy approaches such as resource recovery from brine could also reduce losses. But these concerns about water must be front and centre in future discussions about the shape and size of the industry in Australia. Madoc Sheehan does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

Only three people prosecuted for covering up illegal sewage spills

Employees of water firms who obstruct investigations into spills could face jail, as new rules come into force on FridayWater company bosses have entirely escaped punishment for covering up illegal sewage spills, government figures show, as ministers prepare to bring in a new law threatening them with up to two years in prison for doing so.Only three people have ever been prosecuted for obstructing the Environment Agency in its investigations into sewage spills, officials said, with none of them receiving even a fine. Continue reading...

Water company bosses have entirely escaped punishment for covering up illegal sewage spills, government figures show, as ministers prepare to bring in a new law threatening them with up to two years in prison for doing so.Only three people have ever been prosecuted for obstructing the Environment Agency in its investigations into sewage spills, officials said, with none of them receiving even a fine.Officials said the data shows why the water regulator has found it so difficult to stop illegal spills, which happen when companies dump raw sewage during dry weather. The Environment Agency has identified hundreds of such cases since 2020.Steve Reed, the environment secretary, said: “Bosses must face consequences if they commit crimes – there must be accountability. From today, there will be no more hiding places.“Water companies must now focus on cleaning up our rivers, lakes and seas for good.”Water companies dumped a record amount of sewage into rivers and coastal waters last year, mostly because wet weather threatened to wash sewage back into people’s homes.Data released last month by the Environment Agency revealed companies had discharged untreated effluent for nearly 4m hours during 2024, a slight increase on the previous year.But companies have also illegally dumped sewage during dry weather. Data released to the Telegraph last year under freedom of information rules shows regulators had identified 465 illegal sewage spills since 2020, with a further 154 under investigation as potentially illegal spills.Britain’s polluted waterways became a major issue at last year’s election, with Labour promising to end what it called the “Tory sewage scandal”.Government sources say one reason illegal spills have been allowed to continue is that regulators have faced obstruction when investigating them.In 2019, three employees at Southern Water were convicted of hampering the Environment Agency when it was trying to collect data as part of an investigation into raw sewage spilled into rivers and on beaches in south-east England.The maximum punishment available in that case was a fine, but none of the individuals were fined. Several of the employees said at the time they were told by the company solicitor not to give data to the regulator.Two years later, Southern was given a £90m fine after pleading guilty to thousands of illegal discharges of sewage over a five-year period.New rules coming into force on Friday will give legal agencies the power to bring prosecutions in the crown court against employees for obstructing regulatory investigations, with a maximum sanction of imprisonment.Directors and executives can be prosecuted if they have consented to or connived with that obstruction, or allowed it to happen through neglect.The rules were included in the Water (Special Measures) Act, which came into law in February. The act also gives the regulator new powers to ban bonuses if environmental standards are not met and requires companies to install real-time monitors at every emergency sewage outlet.Philip Duffy, the chief executive of the Environment Agency, said: “The act was a crucial step in making sure water companies take full responsibility for their impact on the environment.“The tougher powers we have gained through this legislation will allow us, as the regulator, to close the justice gap, deliver swifter enforcement action and ultimately deter illegal activity.“Alongside this, we’re modernising and expanding our approach to water company inspections – and it’s working. More people, powers, better data and inspections are yielding vital evidence so that we can reduce sewage pollution, hold water companies to account and protect the environment.”

Indians Battle Respiratory Issues, Skin Rashes in World's Most Polluted Town

By Tora AgarwalaBYRNIHAT, India (Reuters) - Two-year-old Sumaiya Ansari, a resident of India's Byrnihat town which is ranked the world's most...

BYRNIHAT, India (Reuters) - Two-year-old Sumaiya Ansari, a resident of India's Byrnihat town which is ranked the world's most polluted metropolitan area by Swiss Group IQAir, was battling breathing problems for several days before she was hospitalised in March and given oxygen support.She is among many residents of the industrial town on the border of the northeastern Assam and Meghalaya states - otherwise known for their lush, natural beauty - inflicted by illnesses that doctors say are likely linked to high exposure to pollution.Byrnihat's annual average PM2.5 concentration in 2024 was 128.2 micrograms per cubic meter, according to IQAir, over 25 times the level recommended by the WHO.PM2.5 refers to particulate matter measuring 2.5 microns or less in diameter that can be carried into the lungs, causing deadly diseases and cardiac problems."It was very scary, she was breathing like a fish," said Abdul Halim, Ansari's father, who brought her home from hospital after two days.According to government data, the number of respiratory infection cases in the region rose to 3,681 in 2024 from 2,082 in 2022."Ninety percent of the patients we see daily come either with a cough or other respiratory issues," said Dr. J Marak of Byrnihat Primary Healthcare Centre. Residents say the toxic air also causes skin rashes and eye irritation, damages crops, and restricts routine tasks like drying laundry outdoors."Everything is covered with dust or soot," said farmer Dildar Hussain.Critics say Byrnihat's situation reflects a broader trend of pollution plaguing not just India's cities, including the capital Delhi, but also its smaller towns as breakneck industrialisation erodes environmental safeguards.Unlike other parts of the country that face pollution every winter, however, Byrnihat's air quality remains poor through the year, government data indicates.Home to about 80 industries - many of them highly polluting - experts say the problem is exacerbated in the town by other factors like emissions from heavy vehicles, and its "bowl-shaped topography"."Sandwiched between the hilly terrain of Meghalaya and the plains of Assam, there is no room for pollutants to disperse," said Arup Kumar Misra, chairman of Assam's pollution control board.The town's location has also made a solution tougher, with the states shifting blame to each other, said a Meghalaya government official who did not want to be named.Since the release of IQAir's report in March, however, Assam and Meghalaya have agreed to form a joint committee and work together to combat Byrnihat's pollution.(Reporting by Tora Agarwala; Writing by Sakshi Dayal; Editing by Raju Gopalakrishnan)Copyright 2025 Thomson Reuters.

UK government report calls for taskforce to save England’s historic trees

Exclusive: Ancient oaks ‘as precious as stately homes’ could receive stronger legal safeguards under new proposalsAncient and culturally important trees in England could be given legal protections under plans in a UK government-commissioned report.Sentencing guidelines would be changed under the plans so those who destroy important trees would face tougher criminal penalties. Additionally, a database of such trees would be drawn up, and they could be given automatic protections, with the current system of tree preservation orders strengthened to accommodate this.In 2020, the 300-year-old Hunningham Oak near Leamington was felled to make way for infrastructure projects.In 2021, the Happy Man tree in Hackney, which the previous year had won the Woodland Trust’s tree of the year contest, was felled to make way for housing development.In 2022, a 600-year-old oak was felled in Bretton, Peterborough, which reportedly caused structural damage to nearby property.In 2023, 16 ancient lime trees on The Walks in Wellingborough, Northamptonshire, were felled to make way for a dual carriageway. Continue reading...

Ancient and culturally important trees in England could be given legal protections under plans in a UK government-commissioned report.Sentencing guidelines would be changed under the plans so those who destroy important trees would face tougher criminal penalties. Additionally, a database of such trees would be drawn up, and they could be given automatic protections, with the current system of tree preservation orders strengthened to accommodate this.There was an outpouring of anger this week after it was revealed that a 500-year-old oak tree in Enfield, north London, was sliced almost down to the stumps. It later emerged it had no specific legal protections, as most ancient and culturally important trees do not.After the Sycamore Gap tree was felled in 2023, the Department of Environment, Food and Rural Affairs asked the Tree Council and Forest Research to examine current protections for important trees and to see if they needed to be strengthened. The trial of two men accused of felling the Sycamore Gap tree is due to take place later this month at Newcastle crown court.The report, seen by the Guardian, found there is no current definition for important trees, and that some of the UK’s most culturally important trees have no protection whatsoever. The researchers have directed ministers to create a taskforce within the next 12 months to clearly define “important trees” and swiftly prepare an action plan to save them.Defra sources said ministers were evaluating the findings of the report.Jon Stokes, the director of trees, science and research at the Tree Council, said: “Ancient oaks can live up to 1,000 years old and are as precious as our stately homes and castles,” Stokes explained. “Our nation’s green heritage should be valued and protected and we will do everything we can to achieve this.”Currently, the main protection for trees is a tree preservation order (TPO), which is granted by local councils. Failing to obtain the necessary consent and carrying out unauthorised works on a tree with a TPO can lead to a fine of up to £20,000.The Woodland Trust has called for similar protections, proposing the introduction of a list of nationally important heritage trees and a heritage TPO that could be used to promote the protection and conservation of the country’s oldest and most important trees. The charity is using citizen science to create a database of ancient trees.The report’s authors defined “important trees” as shorthand for “trees of high social, cultural, and environmental value”. This includes ancient trees, which are those that have reached a great age in comparison with others of the same species, notable trees connected with specific historic events or people, or well-known landmarks. It could also include “champion trees”, which are the largest individuals of their species in a specific geographical area, and notable trees that are significant at a local scale for their size or have other special features.Richard Benwell, the CEO of the environmental group Wildlife and Countryside Link, said: “Ancient trees are living monuments. They are bastions for nature in an increasingly hostile world and home to a spectacular richness of wildlife. We cannot afford to keep losing these living legends if we want to see nature thrive for future generations. The government should use the planning and infrastructure bill to deliver strict protection for ancient woodlands, veteran trees, and other irreplaceable habitats.”Felled ancient trees In 2020, the 300-year-old Hunningham Oak near Leamington was felled to make way for infrastructure projects. In 2021, the Happy Man tree in Hackney, which the previous year had won the Woodland Trust’s tree of the year contest, was felled to make way for housing development. In 2022, a 600-year-old oak was felled in Bretton, Peterborough, which reportedly caused structural damage to nearby property. In 2023, 16 ancient lime trees on The Walks in Wellingborough, Northamptonshire, were felled to make way for a dual carriageway.

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