Environment group Friends of the Earth has begun a legal challenge in a bid to prevent the government from capturing a family of beavers living in the wild in Devon.

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The Beavers were discovered in January, when a farmer and a retired environmental scientist captured footage of one animal on farmland near Ottery St Mary. Initially it was thought that there were just two beavers, though they appear to have bred successfully this year.

Although Defra has confirmed that there are "no plans to cull the animals," the environment department claims the beavers could carry disease and maintains that their presence violates the 1981 Wildlife and Countryside Act.

Angling lobbyists have put pressure on the government to capture the beavers, since their discovery earlier in the year. Defra announced its intention to "rehome" the animals in July.

Beaver reintroduction trials are currently taking place in Scotland. The trials will run until 2015, and –perhaps in contrast to its badger culling policy, which the former environment secretary expressed the desire to roll-out to new areas after the second of a four year trial – Defra has said that "Any release [of beavers] prior to hearing what lessons can be learnt from that [trial] could also be premature."

In response to written questions, the department has said that "As [the beavers'] presence in the river was not licensed by Natural England, they were either deliberately or illegally released there, or they were negligently allowed to escape into the river."

Beaver reintroduction would benefit countryside

On Wednesday, Friends of the Earth launched court action, requiring Natural England to release further information about the basis on which the quango has issued licences to capture beavers. Friends of the Earth said it is very concerned that licences have been issued to capture the animals without proper consideration for the alternatives, or of the conservation status of the beavers in Britain; beavers are a legally protected species under European law.

FoE said that wildlife experts, including some from Natural England itself, have indicated that the reintroduction of beavers would bring many benefits to the English countryside. However, anglers opposing the measures claim the mammals would cause damage to river flows and fish migration routes.

Beavers did not die out in Britain, but were hunted to extinction. The population in Devon is thought to be the first group to live in the wild in Britain for over 500 years, and the first in England for nearer 800.

Countering Defra's arguments that the animals in Devon could be host to a tapeworm, FoE said "While it is highly unlikely they are infected, it is possible to test and release them within a day, as is currently done in Scotland."

Spokesperson Alasdair Cameron said, "At a time when our wildlife is facing an unprecedented crisis, the Government should be taking steps to protect and expand the range of key native species like the beaver - not removing them from our rivers. We know that beavers can bring many benefits, such as boosting fish stocks, improving biodiversity and helping to prevent flooding – as well as injecting a little more joy into our landscape."

Consultations with locals in communities near to where the beavers live have revealed "overwhelming support" for the animals to remain, and widespread opposition to the government's "senseless" plans. Claire Wright, a councillor for Ottery St Mary, told the local press in August, "The most important thing to remember is that beavers are a native species and they will live in harmony, and enhance, the natural environment and biodiversity."

On Wednesday, Friends of the Earth spokesperson Alastair Cameron added, "Ministers should work with the local community to find a sensible solution that allows them to remain in the wild. This is an opportunity to create a richer, better environment for ourselves and our children, where we can experience the beauty of animals that are an important part of our ecosystems."