UK Government loses 3rd air pollution case brought by ClientEarth, as judge rules air pollution plans ‘unlawful’
Environmental lawyers ClientEarth have won a 3rd case against the UK government over the country’s illegal and harmful levels of air pollution. In a ruling handed down at the High Court in London, Judge Mr Justice Garnham declared the government’s failure to require action from 45 local authorities with illegal levels of air pollution in their area is unlawful. He ordered ministers to require local authorities to investigate and identify measures to tackle illegal levels of pollution in 33 towns and cities as soon as possible – as 12 of the 45 are projected to have legal levels by the end of 2018. He said: "The Environment Secretary must ensure that, in each of the 45 areas, steps are taken to achieve compliance as soon as possible, by the quickest route possible and by a means that makes that outcome likely." This will be of great embarrassment to ministers, as it is the third time that they have lost an air pollution court battle. ClientEarth commented: “The problem was supposed to be cleaned up over 8 years ago, and yet successive governments have failed to do enough ... government must now do all it can to make that happen quickly.” The area around Heathrow has high NO2 pollution levels, often over the legal limit, and it is unlikely that there could be a 3rd runway without a serious risk of air quality deteriorating.
21 Feb 2018