EU Air Pollution Cases. Amy Rose, Head of Strategic Litigation, ClientEarth
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1 EU Air Pollution Cases Amy Rose, Head of Strategic Litigation, ClientEarth GLOBE EU 27 September 2016
2 Introduction to ClientEarth 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
3 Directive 2008/50/EC the Ambient Air Quality Directive Consolidated, strengthened and weakened earlier Directives Sets air quality objectives: limit values, target values, exposure reduction targets Time extensions (art. 22) New objectives for PM 2.5 Air quality plans (art. 23): appropriate measures so as to keep the exceedence period as short as possible
4 Breaches of NO 2 limits Only 3 out of 43 zones met limits by 2010 Under current projections, most zones will breach until 2020 London will still breach limits until at least 2025 Image courtesy of the Air Quality Group, University of Leicester (
5 Non-compliance (EU) European Environment Agency Concentrations of NO2 in 2013
6 Commission s infringement procedures
7 R (ClientEarth) v Secretary of State for the Environment, Food and Rural Affairs Breaches of NO 2 limit value in 40 out of 43 zones 16 air quality plans would not achieve compliance until 2015 Article 23 as short as possible means plans must contain all possible measures ClientEarth demanded new plans which would achieve limit values by 2015
8 Chronology of the Case December 2011: High Court May 2012: Court of Appeal March 2013: Supreme Court July 2014: Court of Justice of the European Union April 2015: Supreme Court
9 Questions referred to the ECJ 1. What does as short as possible mean? 2. What is the role of national courts in providing effective remedies?
10 An introduction to ClientEarth Hearing 10 July 2014 Judgment 19 November 2014 Court of Justice of the European Union, Luxembourg
11 CJEU Case C-404/13 (ClientEarth) ClientEarth win on all points UK plans should have aimed at compliance by 1 January 2015 at the latest UK courts must order the government to produce a plan which achieves nitrogen dioxide limits as soon as possible
12 CJEU Case C-404/13 (ClientEarth) Limit values impose an obligation of result Little guidance on meaning of Art.23 asap MSs margin of discretion is heavily circumscribed Protection of health takes priority
13 29 April 2015 Judgment
14 Supreme Court 2015 Mandatory order to prepare a new plan By end of 2015 Checklist of measures Liberty to apply on meaning of as short as possible Continuing mandamus? Lord Justice Carnwath
15 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)
16 R (ClientEarth) v Secretary of State for the Environment, Food and Rural Affairs (2) 16 March 2016: Applied for Permission 28 April 2016: Permission granted 10 May 2016: Sadiq Khan (Mayor of London) sides with ClientEarth October: Two-day hearing
17 German Roll-Out ( ) cases against German regional governments 2. Enforcement Cases and New Cases 3. Strategy to get regional governments to exert pressure on Federal Government
18 Enforcement in Germany Jan 2016: Court orders Darmstadt and Wiesbaden to rewrite air quality plans Compliance by 2025/2030 not asap No alternative to traffic limiting measures Reversed on appeal due to purely procedural issue (new cases pending before lower courts) July 2016: Munich ordered to issue new air quality plans Drastic measures are not disproportionate, including a complete diesel ban within the urban, clean air zones Threat of fines On appeal now
19 Enforcement in Germany September 2016: Deutsche Umwelthilfe e.v., v The Federal State of Nordrhein-Westfalen Quashed air quality plan for city of Dusseldorf New plan within one year Diesel ban by 1 January 2018 no compromise over protection of health
20 Pan-EU Roll-Out ( ) 1. 4 cases launched with our partners Frank Bold in Czech Republic, including Prague filed Monday 2. New claim notified and launched in Brussels on 22 September 2016 (last week) 3. Cases notified to Italy, to launch in October 4. Considering bringing cases in 2 areas in Spain where our Energy & Coal projects work 5. Scoping cases throughout CEE, including Poland, Hungary, Slovakia, Bulgaria and more
21 The health of the people should be the highest law
22 Thank you Amy Rose Head of Strategic Litigation ClientEarth
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