Routes to Clean Air 2016 - Alan Andrews, Client Earth

Fighting for the right to clean air in courtAlan Andrews, ClientEarth

Routes to Clean Air

Bristol

11 October 2016

• ClientEarth is a non-profit environmental law

organisation

• We use law, science and policy to tackle key

environmental challenges

• We work on climate change, energy,

environmental justice, biodiversity, forests and

human health

Introduction to ClientEarth

C-361/88 Commission v

Germany [1991]

“…where the exceeding of the limit values

could endanger human health, individuals

must be in a position to rely on mandatory

rules in order to be able to assert their

rights.”

C-237/07 Janecek

1. Right to go before

national courts

2. Right to a

remedy (an action

plan)

3. Right to

substantive

review

April 2015

UK Supreme Court

March 2013

Case C-404/13 ClientEarth

• Limit values confer an obligation of result

• Primary obligation is the protection of health

• Economic, practical considerations secondary

• National courts must take “any necessary measure” to ensure authorities prepare adequate air quality plans

The Supreme Court, 2015

“The new Government

…should be left in no doubt

as to the need for immediate

action to address this issue.”

Lord Justice Carnwath

The UK clean air case - media

“The next Government is now legally bound to take urgent action on this public health crisis.”

“...some lawyers said Wednesday’s court

judgment could trigger air quality legal

challenges across Europe.”

“The order could see dramatic expansion of

congestion charging and low emissions zones.”

“The outcome of today’s case could

force the government to take bolder

action on anti-pollution measures.”

Defra’s new air quality plans

1. Only one new national measure: Clean Air Zones

(CAZs) in 5 cities

2. CAZs won’t address passenger cars

3. Reliance on Local Authorities

4. Takes 2020 as an acceptable compliance date

5. Insufficient detail of measures or timetable for

implementation (Annex XV)

ClientEarth (No. 2) v SSEFRA

17 December 2015 Final plans adopted

16 March 2016 CE applies for permission to challenge

28 April 2016 Permission granted

18-19 October Two-day hearing

? Judgment

Legal action - Europe

Krakow, Poland

Image: Grzegorz Bednarczyk

27 September 2016: Court upholds ban on domestic solid fuel burning

Image: DzidekLasek

Düsseldorf – Court orders EU’s first ban on diesel by 1 January 2018

Image: Nokidoc

1. Mandatory for most zones currently in breach

2. Include all major emission sources e.g. cars

3. Implemented as soon as possible e.g. 2018

4. Euro 6 + Real Driving Emissions

5. Focal point for complementary measures e.g. retrofit,

scrappage, “clean car” label

“...seek amendments to the Air Quality

Directive which reduce the infraction risk faced

by most Member States, especially in relation

to nitrogen dioxide provisions.”

1. Retain objectives under AAQD as a minimum safeguard

2. Adopt stricter objectives based on WHO guidelines

3. Implement the Aarhus Convention

4. Consolidate existing patchwork of legislation

5. Clarify roles and responsibilities

6. Implement Gothenburg Protocol and NEC Directive

7. Ensure coherence with related policies e.g. Climate,

transport, planning

8. Set minimum monitoring and information requirements

9. Impose binding obligations to reduce exposure to

pollution

10. Ensure effectiveness and independence of

enforcement agencies

“The health

of the people

is the highest

law”

Cicero

Thank you

Alan Andrews

Lawyer

ClientEarth

Twitter: @alanclientearth

[email protected]

+44 (0) 207 749 5976

www.clientearth.org

@ClientEarth