Protecting Lives, Not Just Landscapes - Why the Moorland Association Is Taking Legal Action

Defra’s legislation which trebles the land on which prescribed burns are effectively banned creates immense risks to rural lives and livelihoods - we are fighting it with huge energy and on all fronts.

Today we are sharing why the Moorland Association is taking its obligations to its members and the very real concerns as to public safety extremely seriously:

1. Wildfire risk and the risk to life is rising across the UK.

2. Defra has ignored serious warnings from the Fire & Rescue Services and independent scientists who disagreed with its views.

This is not about politics. It’s about preventing avoidable tragedy by ensuring that decisions on moorland management are made lawfully, transparently and with full regard to evidence and expert advice.

What We’ve Done

• Instructed Mishcon de Reya and leading counsel to challenge the lawfulness of the Heather & Grass Burning (England) (Amendment) Regulations 2025.

• Sent a formal pre-action letter to the Government demanding that it revoke the regulations or agree to an expedited court hearing.

• Shared the letter with the National Fire Chiefs Council (NFCC) so that those on the wildfire frontline have an opportunity to also share concerns.

Why This Matters For Safety

Prevention vs. damage control: Defra quietly changed the licensing test from reducing wildfire ‘risk’ to reducing wildfire ‘impact’. This is a major policy shift that was never consulted on and undermines prevention.

Ignored expertise: fire professionals and scientists raised repeated warnings about increasing fuel loads, reduced management options and danger to firefighters. Their evidence was discounted or omitted.

Immediate danger: new mapping requirements, paperwork and long approval times mean many land managers are effectively barred from safe, controlled burning for this season. This will allow fuels to build up unchecked.

Who’s at risk: rural communities, farm and estate staff working in remote areas, and the firefighters who respond when fuel loads ignite.

Our Legal Case in Plain English

1. Unlawful process: Defra made material policy changes without properly consulting the public or considering all the evidence.

2. Irrational and unsafe decision-making: the Defra failed to make reasonable inquiries into alternatives and pressed ahead in a way that increases wildfire risk.

3. Property rights and fairness: existing consents and agreements have been undermined without compensation or transition arrangements.

What Happens Next?

Defra has been asked to respond urgently. If it refuses to pause or withdraw the regulations, we are preparing to issue proceedings and will seek an expedited hearing - because this is a live safety issue during an active burning season.

How You Can Help

• Record conditions and incidents: please keep dated evidence of wildfire outbreaks, near-misses or rising fuel levels.

• Track licensing delays: keep notes of timelines, correspondence and refusals and let us know your experience of applying for a licence.

• Share case studies: where safe fuel management is being blocked, or previous burning restrictions have worsened wildfire risk, please let us know.

Summary

This legal action is being taken in the public interest, to ensure policy on upland burning reflects the science, the fire services’ expertise and the realities on the ground.

The UK’s wildfire risk is rising. We cannot allow flawed regulations and ignored warnings to put lives, livelihoods and landscapes in danger.

When appropriate, we’ll publish further details so members and the public can see exactly how the case progresses.

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