Following a landmark ruling from the European Court of Justice, the Government will see increased pressure to act on high levels of air pollution throughout the UK. This ruling follows a case brought against the Secretary of State for the Environment, Food and Rural Affairs by ClientEarth and specifically relates to the Government's failure to meet targets regarding nitrogen dioxide levels.
Directive 2008/50/EC, on ambient air quality and cleaner air for Europe, establishes limit values for certain pollutants in ambient air. When it comes to nitrogen dioxide, the limit values must not be exceeded after 1 January 2010. The UK had established 43 zones for the purposes of that Directive, and 40 of those zones exceeded the limit values in 2010.
As a result, in 2011 the Government submitted air quality plans to the Commission and predicted that the limit values would be met by 1 January 2015. For 16 zones, the air quality plan projected compliance with the limit values to be achieved between 2015 and 2025. However, the problem is that in relation to those 16 zones, the Government did not request a time extension, as is required by the Directive. The levels were therefore expected to be met in January. Not only will they be exceeded, it is estimated that key zones, including Leeds, Birmingham and London, will fail to meet the limit values until after 2030, 20 years after the original 2010 deadline.
The European Court of Justice has therefore ruled that the UK Supreme Court can order the Government to take actions to meet the limit values as soon as possible. A ruling will be made by the Court next year.
However, as most nitrogen dioxide is emitted by diesel engines, this could mean that those who drive diesel powered vehicles could be penalised in future. Early suggestions to cut air pollution levels in city centres involve establishing low emission zones, which would see those driving vehicles with high emission levels charged for driving in those zones - similar to the congestion charge in London. The biggest offenders, such as buses and lorries, may be ordered by ministers to be retrofitted with pollution controls.
Alan Andrews, ClientEarth lawyer, 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." He added "The Government has done next to nothing to try to achieve the target of cleaning up the pollution by 2015. The UK Supreme Court will now set a standard that the Government must achieve – and that will mean driving down diesel emissions."
Cedrec's take
This ruling is bound to place the Government under increased pressure to deliver cleaner air. Although the Department for Environment, Food and Rural Affairs (Defra) has stated that it will adjust its plans to make sure the UK is compliant as soon as possible, it remains to be seen exactly what this will involve.
