UK Government loses 3rd air pollution case brought by ClientEarth, as judge rules air pollution plans ‘unlawful’
Date added: 22 February, 2018
Environmental lawyers ClientEarth have won a 3rd case against the UK government over the country’s illegal and harmful levels of air pollution. In a ruling handed down at the High Court in London, Judge Mr Justice Garnham declared the government’s failure to require action from 45 local authorities with illegal levels of air pollution in their area is unlawful. He ordered ministers to require local authorities to investigate and identify measures to tackle illegal levels of pollution in 33 towns and cities as soon as possible – as 12 of the 45 are projected to have legal levels by the end of 2018. He said: “The Environment Secretary must ensure that, in each of the 45 areas, steps are taken to achieve compliance as soon as possible, by the quickest route possible and by a means that makes that outcome likely.” This will be of great embarrassment to ministers, as it is the third time that they have lost an air pollution court battle. ClientEarth commented: “The problem was supposed to be cleaned up over 8 years ago, and yet successive governments have failed to do enough … government must now do all it can to make that happen quickly.” The area around Heathrow has high NO2 pollution levels, often over the legal limit, and it is unlikely that there could be a 3rd runway without a serious risk of air quality deteriorating. . Tweet
Government loses clean air court case
21.2 2018 (BBC)
By David Shukman
Campaigners have won a third High Court victory over the UK government’s plans to tackle air pollution.
The judge in the case said the government plan was “unlawful” and that more action was needed in 45 English local authority areas.
He said ministers had to ensure that in each of the areas, steps were taken to comply with the law as soon as possible.
The case was brought by ClientEarth, a group of activist lawyers.
Mr Justice Garnham said: “Because the obligation is zone-specific, the fact that each of the 45 local authority areas will achieve compliance in any event by 2021 is of no immediate significance.
“The Environment Secretary must ensure that, in each of the 45 areas, steps are taken to achieve compliance as soon as possible, by the quickest route possible and by a means that makes that outcome likely.”
He added: “In effect, these local authorities are being urged and encouraged to come up with proposals to improve air quality over the next three years, but are not being required to do so. In my judgment, that sort of exhortation is not sufficient.”
As a result of previous rulings, the government drew up new plans for reducing nitrogen dioxide pollution, much of which comes from vehicles, to within legal limits.
Five ways to avoid pollution
Keep away from the busiest roads – pollution concentrates around the heaviest traffic
Use side roads – these are cleaner because there is so much less traffic
Watch out for hotspots of dirty air – engines are often left running in stationary traffic. This can create “urban canyons” of pollution, particularly around traffic lights, so stand back after pushing the button before crossing the road
When walking up a hill always stick to the side where traffic is flowing down the hill, away from the brunt of the fumes. This will always be the cleaner alternative
Basic face-masks are not worth the hassle – these trap dust but little else, while heavy-duty versions are cumbersome. Scientists recommend avoiding busy roads instead
A government spokesperson said: “We are pleased that the judge dismissed two of the three complaints. The judge found that our modelling is compliant and that our approach to areas with major air quality problems is ‘sensible, rational and lawful’.
“The court has also asked us to go further in areas with less severe air quality problems. We had previously considered that it was sufficient to take a pragmatic, less formal approach to such areas. However, in view of the court’s judgment, we are happy to take a more formal line with them.
“We have already delivered significant improvements in air quality since 2010 and we will continue to implement our £3.5bn air quality plan.”
A raft of recent studies and reports have linked air pollution to heart disease and lung problems, including asthma.
The Royal Colleges of Physicians and of Paediatrics and Child Health say that outdoor air pollution is contributing to some 40,000 early deaths a year in the UK.
UK Government loses third air pollution case as judge rules air pollution plans ‘unlawful’
21 February 2018
Client Earth press release
Environmental lawyers ClientEarth today won a third case against the UK government over the country’s illegal and harmful levels of air pollution.
In a ruling handed down at the High Court in London this morning, Judge Mr Justice Garnham declared the government’s failure to require action from 45 local authorities with illegal levels of air pollution in their area unlawful.
He ordered ministers to require local authorities to investigate and identify measures to tackle illegal levels of pollution in 33 towns and cities as soon as possible – as 12 of the 45 are projected to have legal levels by the end of 2018.
This will be of great embarrassment to ministers, as it is the third time that they have lost an air pollution court battle against ClientEarth.
Speaking outside of the court, ClientEarth lawyer Anna Heslop said: “For the third time in the space of three years, the courts have declared that the government is failing in its obligation to clean up the air in our towns and cities.
“We are delighted that the court has today ordered the government to urgently take further action to fix the dangerous air pollution in our towns and cities.
“The problem was supposed to be cleaned up over eight years ago, and yet successive governments have failed to do enough.
“The people who live in areas of England and Wales covered by this judgment deserve to be able breathe clean air and the government must now do all it can to make that happen quickly.”
There was no ruling against the government for its decision to back-pedal on a previous commitment to legally ensure five cities implemented charging ‘Clean Air Zones’ – which charge the most polluting vehicles to enter the most polluted parts of a city.
However, Ministers issued Directions to those five cities in December 2017 requiring them to prepare a business case identifying measures to tackle pollution as soon as possible.
Lawyers for Defra told the court in January that they plan to issue further Directions to make sure those measures are implemented.
The Welsh government, which was also named as a defendant in the case, conceded at a High Court hearing in January that its failure to produce a plan was unlawful.
The Welsh government must now come up with a plan to meet legal limits of air pollution in Wales as soon as possible.
Today’s result means that Welsh Ministers will have to produce a draft plan by 30 April 2018 and a final plan by 31 July 2018.
