Defra will be required to produce a meaningful new air quality plan to reduce the levels of nitrogen dioxide (NO2) in the air, after a landmark ruling by the Court of Justice of the European Union (CJEU).
The UK failed to meet its obligations to reduce the levels of nitrogen dioxide in the air in 2010 in 40 of the 43 zones set up for the purposes of the Air Pollution Directive, most notably in Greater London.
As a result of these failings, environmental NGA ClientEarth launched legal battle to force the UK government to comply with the directive and reduce the nitrogen dioxide.
Today, the result of that legal challenge, Case C-404/13 ‘The Queen, on the application of ClientEarth v The Secretary of State for the Environment, Food and Rural Affairs was published by the CJEU, and the European court found that the UK government has an obligation to comply with the directive.
Under the ruling, the UK’s Supreme Court must require the Department for the Environment, Food and Rural Affairs (Defra) to produce a new Air Quality Plan that will reduce the levels of nitrogen dioxide in the air to the levels agreed in the 2010 directive in a time “as short as possible”. Under current plans the UK will not meet legal limits for nitrogen dioxide until after 2030 – 20 years after the original deadline.
ClientEarth lawyer Alan Andrews said:
“This ruling is a big victory for the millions of people who want to live healthy lives in the UK’s towns and cities. This will force the government to finally take this issue seriously and come up with an urgent plan to rid our towns and cities of cancer-causing diesel fumes.
“This sets a groundbreaking legal precedent in EU law and paves the way for a series of legal challenges across Europe. ClientEarth will spearhead these efforts to help people defend their right to clean air in court.”
Simon Birkett, Founder and Director of Clean Air in London, welcomed the decision, saying:
“The European Court has taken action today to protect UK citizens from the Government and the Mayor’s failure to protect us from air pollution. Huge congratulations to ClientEarth.
“Clean Air in London urges the Government and the Mayor to ban diesel exhaust from the most-polluted places as coal was banned successfully 60 years ago. This is the most important action needed to protect public health and comply with NO2 limit values.”
