Justices order clean air

Government plans to cut levels of air pollution in Britain have been quashed by the Supreme Court.

Environmentalists had branded the plans, which postponed the deadline for compliance, ineffective and waged a five-year legal campaign for the government to tackle pollution from diesel vehicles, the main source of nitrogen dioxide.

In a unanimous judgment, ClientEarth (R, on the application of) v Secretary of State for the Environment, Food and Rural Affairs [2015] UKSC 28, the justices ruled the existing plans, which were made in 2011, unlawful and ordered the government to deliver new plans by the end of the year.

ClientEarth lawyer Alan Andrews says: “Air pollution kills tens of thousands of people in this country every year. 

“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. 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.”

ClientEarth said the new government measures will need to consider low emission zones, congestion charging and other economic incentives.

The government admitted its failure to secure compliance with European Union law over limits for nitrogen dioxide levels (Directive 2008/50/EC). Art 13 of the Directive lays down limits that must not be exceeded “for the protection of human health”.

Client Earth argued that the plans would not have achieved legal limits in some cities until after 2030, leaving levels of air pollution illegally high in 16 cities including London, Birmingham, Manchester and Leeds for at least the next 15 years.