The Government has admitted breaching EU pollution legislation during a High Court battle with environmental campaign group, ClientEarth.
The group had complained that the Department for Environment, Food and Rural Affairs (Defra) had failed to consult on proposals which demonstrated how the UK aimed to comply with EU limits of nitrogen dioxide.
ClientEarth asked the judge to declare that plans set out by Defra did not comply with EU law, and order Mrs Spelman to publish revised proposals.
But while Mr Justice Mitting said a Defra lawyer had conceded that "the Government is in breach of obligations", he declined to issue a "mandatory order" forcing Defra to publish new plans, ruling it was a matter for the European Commission.
A ClientEarth spokesman said, "The legal challenge against the Secretary of State has been brought because air quality plans for 17 regions and cities (including London, Manchester, Birmingham, Glasgow and Cardiff) will not comply with legal limits for air quality until after 2015. The deadline for achieving these limits was 1 January 2010. The Secretary of State is under a duty to ensure that levels of air pollution in the UK comply with limits set by EU law. Where these limits are exceeded, the Secretary of State must produce plans to ensure compliance as soon as possible."
A Defra spokeswoman said the department was happy that the judge has ruled in their favour. "A significant part of the UK meets EU air quality limits for all pollutants and air quality has improved considerably in recent decades. Our air quality plans set out all the important work being done at national, regional and local level to meet all EU limits in the shortest possible time."
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