Supreme Court requires preparation of new air quality plans by end of year

The Supreme Court has unanimously ordered the Government to submit new air quality plans to the European Commission by no later than the end of the year.

The ruling in R (on the application of ClientEarth) v Secretary of State for the Environment, Food and Rural Affairs [2015] UKSC 28 was the final stage in a five-year legal battle over the Government’s approach to tackling levels of nitrogen dioxide.

Lord Carnwath, giving the judgment of the court, said: “The new Government, whatever its political complexion, should be left in no doubt as to the need for immediate action to address this issue.”

Alan Andrews, a lawyer at environmental law charity ClientEarth, said: “Air pollution kills tens of thousands of people in this country every year. We brought our case because we have a right to breathe clean air and today the Supreme Court has upheld that right.

“This ruling will benefit everyone’s health but particularly children, older people and those with existing health conditions like asthma and heart and lung conditions.”

Andrews added: “The next Government, regardless of the political party or parties which take power, is now legally bound to take urgent action on this public health crisis. Before next week’s election all political parties need to make a clear commitment to policies which will deliver clean air and protect our health.”

ClientEarth said measures that the Government must consider included low emission zones, congestion charging and other economic incentives.

The charity is also calling for action to clean up the worst polluting diesel vehicles, including through a national network of low emission zones. 

In May 2013 the Supreme Court had declared that the Government was in breach of the Air Quality Directive and submitted questions on the interpretation of the Directive to the Court of Justice of the European Union.

However, ClientEarth and DEFRA took different views as to the interpretation of the CJEU’s ruling.

ClientEarth argued that the Government’s existing plans would not meet legal limits for nitrogen dioxide in areas such as London and Birmingham until after 2030. The charity highlighted scientists’ estimates that 29,000 people a year die in the UK as a result of air pollution.