routes to clean air 2016 - alan andrews, client earth
TRANSCRIPT
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
+44 (0) 207 749 5976
www.clientearth.org
@ClientEarth