Over the past number of years ClientEarth has been engaged in a strategic campaign aimed at tackling air ongoing pollution in Europe. Part of that campaign involves taking strategic litigation in EU Member States for non-compliance with the EU Air Quality Directive (the ‘Directive’).
This month saw ClientEarth launch proceedings in Brussels and Prague, in partnership with local organisations, with the stated aim of ensuring full and proper implementation of the Directive. ClientEarth is now legally active on air pollution in five European countries: the UK, Germany, Belgium, the Czech Republic and Poland. ClientEarth has stated that more European cities will face court action in the coming months.
By way of background, the EU Air Quality Directive establishes limit values for certain pollutants in ambient air. As regards, nitrogen dioxide, the limit values must not be exceeded after 1 January 2010. However, the Directive provides that, if in a zone where conditions are particularly difficult, the limit values cannot be met by that date notwithstanding the implementation of appropriate measures, a Member State may postpone the deadline until 1 January 2015 at the latest. That option is subject to the condition that the Member State, draws up, in accordance with the requirements laid down by the Directive, an air quality plan that demonstrates how the limit values will be met before the new deadline.
ClientEarth successfully obtained a determination from the UK Supreme Court that the UK Government were in breach of its obligations under Article 13 of the Directive. A reference was also made to the Court of Justice of the European Union on questions of European law and found that limit values for nitrogen dioxide had to be met since 1 January 2010, if the Member State had not applied for an extension of 5 years. It also stated that Member States were obliged to develop an air quality plan, containing effective measures to keep the time of non-compliance as short as possible.
The UK Government produced its plans in December 2015, however the plans still did not envisage compliance with legal limits until 2025 in worst affected areas. In response to the plans, ClientEarth brought fresh legal challenge which has now been expedited and will be heard by the UK High Court on 18th and 19th October next month.
In other related news the UN Aarhus Convention Compliance Committee has found that the manner in which the European Court of Justice has been interpreting EU rules on access to justice breaches the Aarhus Convention. The Committee has called for the regulation to be amended to ensure individuals and NGOs go to court to challenge the decisions of EU institutions in environmental matters. Readers of the PILA bulletin, will recall we previously highlighted the ongoing work of ClientEarth, particularly around the issue of legal costs in environmental cases and their regulation under UK law and the Aarhus Convention.
Click here to read more about ClientEarth and their strategic litigation work.
Click here to read Air Quality in Europe- 2015 report.