ClientEarth takes Government to court again in latest row over air quality plans

Environmental law charity ClientEarth is to take the Government to the High Court in a bid to seek improvements to its draft air quality plans.

The Government published its draft plans on 5 May shortly before a deadline imposed by Mr Justice Garnham. The judge had rejected an application from the Department for the Environment, Food and Rural Affairs to postpone publication of the draft clean air plan until after the election to comply with purdah rules.

ClientEarth said that after scrutinising the drafts, it had written to Defra to ask for improvements.

However, Defra refused, giving ClientEarth “no option but to ask the court how best to fix the problems”, the charity said.

Defra’s public consultation ends shortly after the general election on 8 June.

ClientEarth claimed the consultation did not include measures which the Government’s own technical data showed were the best way to bring down air pollution as soon as possible.

James Thornton, CEO of ClientEarth, said: “We have been looking at the fine detail of the draft Air Quality Plans published by the Government. We want to respond to the Government’s consultation, and want others to be able to as well.

“We have found some major flaws. The law requires the final plan to bring air pollution down to legal levels in the shortest time possible. These flaws seriously jeopardise that timetable.

“These are plans for more plans, what we need are plans for action.”

Thornton added: “The Government’s plans and consultation do not match what its own evidence says needs to happen. If the evidence shows that taking certain measures will be necessary to tackle the public health crisis of polluted air, then the plans and associated consultation needs to make that clear.

“This is essential so that people can have their say and we get the best possible final plans when they are due to be published, as ordered by the court, on July 31.”