Scientists have called for European legislation around air quality to be ‘tightened’ and argued that the sector needs major investment in research to shed more light on the impacts of poor air quality on Europe’s population.

These were among the comments made during a panel debate at a conference titled ‘Frontline Research for Improved Air Quality and Climate Action’, in Brussels on Tuesday (May 14). The session was organised by the Dresden-based Leibniz Institute for Tropospheric Research (TROPOS).

The European Commission is currently reviewing its air quality policies, and scientists have called for more stringent targets in order for Member States that are currently breaching ambient air quality levels to recover.

Speaking at the conference, Professor Hartmut Herrmann, said: “We are consistent with the call for a review of the Directive, which aims at limiting the value for the mass concentration of ultra fine aerosol particles (PM2.5) to 20 μg/m3 from 2013 onwards. By 2020, the limit value of 20 μg/m3 could become binding. This is realistic and should therefore be the objective.

“The precondition would be a consequent reduction of particulate carbon from combustion sources.”

Carbon

Meanwhile, Professor Alfred Wiedensohler of TROPOS, added that a target for reducing black carbon and elemental carbon should also be included in any updates to the Directive.

He said: “We have indications that low emission zones can reduce the mass concentration of soot in the particulate matter. Setting a target value would be a valuable step into the right direction. Should further measures become necessary, a legally binding value along with requirements for monitoring could follow later on.

“Particle emissions leading to increased soot mass concentrations in urban areas should strategically be reduced in the long term. Further toxicological and epidemiological studies are needed.”

Both scientists also recommended setting a legally binding limit value for ground level ozone as well as the establishment of a legally binding ozone limiting value at the current level of target values in order to curb high ozone levels in urban areas.

Calls for changes to the Air Quality Directive were also made by German MEP Holger Krahmer, who said that the legislation required ‘steady improvement’.

Speaking earlier at the event, Mr Krahmer, said: “The current system of improving air quality underlying the air quality directive needs to be improved steadily in accordance to achieve long-term targets such as the reduction of major pollution sources like NOx and SOx and their compounds. Nevertheless, the thresholds always have to cope with reality and thus can only be fulfilled if one has the means to cope with the causes and not just with its effects.”

A number of tree planting and protection projects designed to boost greenery and air quality in the capital have been recognised by London Mayor Boris Johnson at the annual RE:LEAF Tree and Woodland Awards at City Hall.

The awards, supported by the Mayor and the Forestry Commission, are part of London’s first Tree Week from May 11-18 and celebrate the community groups, businesses and individuals who have ‘promoted and enhanced the conservation and management of trees and woodlands in London over the last year’.

The awards took place at London’s City Hall this week

This year’s winners included the Friends of South Hill Wood and Kingswood Glen for revitalising neglected woodland around Bromley and the W1W Tree Planting Initiative to increase tree cover around Marylebone.

The Balfour Street Resident’s Group, the Environmental Action Network and Forestbank were also recognised for their work to protect trees in Southwark during housing estate regeneration.

The presentation ceremony was attended by the Mayor’s environment advisor Matthew Pencharz, Forestry Commission chairman Sir Harry Studholme, and BBC World Affairs editor John Simpson.

The Mayor of London, Boris Johnson, said: “Trees and greenery are essential to maintaining London’s status as the best big city in the world. They provide shade, improve air quality and make London a more attractive place to live, work and do business in. Thanks to the tremendous hard work of thousands of volunteers, community groups and local businesses the capital is getting leafier by the year.”

Tree Week

Created by the Mayor’s RE:LEAF partnership, Tree Week has been designed to get more Londoners involved in caring for their local trees and woodlands. Events during this week include free tree health demonstrations in Hyde Park, training sessions on orchard planting, ancient tree trails and woodland walks. Trees outside the Garden Museum in Lambeth are also set to be ‘yarn bombed’ – a style of urban knitting street art.

The Mayor’s RE:LEAF programme aims to create opportunities for Londoners, businesses and local communities to help protect  London’s trees and increase the capital’s tree cover from 20% to 25% by 2025.

The programme includes the £300,000 RE:LEAF community grant scheme to support tree and woodland projects and initiatives with by awarding funding of between £2,000 and £10,000 for any organisation or group representing the wider community.

Last year the scheme saw 750 volunteers help to plant 2,500 trees in projects across 16 London boroughs, while plans are underway to plant a further 10,000 new street trees by 2015, according to the Mayor’s office.

A £100,000 funding application period for the grant scheme opened in May 13 and closes on August 16. More information about the scheme is available on the scheme’s website.

Forestry Commission chairman, Sir Harry Studholme, said: “For centuries London’s trees have added shade and elegance to the city. Today their complex role in mitigating the effects of a changing climate makes them even more important. And yet, when we need them most, the trees themselves have seldom been under such unrelenting threat. The projects and people that have won awards tonight are an inspiration and give confidence that the capital’s trees are in good hands.”

More needs to be done to tackle the increasing numbers of streets in Edinburgh that are failing air quality standards, according to a Member of the Scottish Parliament (MSP).

In a motion put forward in the Scottish Parliament, Scottish National Party MSP for Edinburgh Central, Marco Biagi, called for action to tackle air quality problems in the city.

Princes Street in Edinburgh – one of the places highlighted for having poor air quality in a question lodged in the Scottish Parliament

According to the motion, areas such as Grassmarket, Easter Road and Gorgie Road as well as major streets such as Princes Street and the Royal Mile have been designated Air Quality Management Areas (AQMAs) as a consequence of air pollution. Great Junction Street, Inverleith Row and Glasgow Road in Corstorphine have also been designated as AQMAs.

The motion welcomes action taken by Edinburgh city council which has ‘sharply reduced levels of nitrogen dioxide in recent years’, but emphasises still that ‘more needs to be done to reduce other pollutants to a safe level’.

The motion states: “The Parliament notes with concern the increase in the number of streets in Edinburgh that are failing minimum air quality standards,” adding: “more needs to be done to reduce levels of other pollutants to a safe level and to prevent the spread of the air pollution problem across more of the city, and hopes that Edinburgh’s air quality can be improved so that everyone who lives, works and visits the city can have confidence in the air that they breathe.”

This comes after environmental campaigners published a list of the most polluted streets in Scotland and criticised the Scottish Government and local authorities for not doing enough to tackle the problem (see airqualitynews.com story).

Support

The motion, on which a vote has not yet been taken, was lodged by Mr Biagi on April 26 and followed by a question in the Scottish Parliament last week (May 9), in which the MSP asked what action the Scottish Government was taking to tackle air pollution in cities such as Edinburgh.

Mr Biagi said: “What support can Edinburgh—the local authority and citizens—expect from the Scottish Government in addressing the problem?”

Scottish minister for environment and climate change, Paul Whitehouse, answered that the Scottish Government was “working closely with local authorities, the Scottish Environment Protection Agency (SEPA) and other partners to improve air quality in cities”.

He pointed to the establishment of a statutory framework for air quality and transport, as well as grant funding for local authority actions and information on the Scottish air quality website as examples of the Scottish Government’s work to tackle air quality – adding that it had provided financial support for air quality monitoring in Edinburgh.

Mr Whitehouse said: “We are committed to improving air quality across the country, and there have been significant reductions in pollution emissions over recent decades through tighter industrial regulation, improved fuel quality, cleaner vehicles and an increased focus on sustainable transport.”

He added: “In addition, through the future transport fund and other measures, we aim to reduce the impact of transport on our environment. That will support a range of initiatives around sustainable transport, including cycling infrastructure and low-carbon vehicle technology. The Scottish green bus fund… will also support the transition to low-carbon public transport.”

Trees

In a response to another question from Jamie McGrigor, Conservative MSP for Highlands and Islands, about whether planting trees could help to mitigate levels of some air pollutants, Mr Whitehouse praised Fife council for working to plant 500,000 trees in Lothian and Fife in order to combat emissions.

Mr Whitehouse said: “I recognise the important role that tree planting in urban areas can play in that regard.”

Mr Biagi’s motion and question are both available on the Scottish Parliament website.

Residents in East London have shown ‘strong support’ for two proposed Thames road crossings in East London, Transport for London (TfL) has said, despite opponents arguing that they would drive down air quality.

The crossings – a new traffic tunnel under the Thames river at Greenwich and either a vehicle ferry route or bridge at Gallions Reach- have been proposed to improve travel links to the East of the city.

TfL map showing proposals for the Silvertown Tunnel (purple road) under the Thames in Greenwich

TfL published the findings of a public consultation launched in partnership with the Mayor of London (see airqualitynews.com story) on the crossings last week (May 7), which suggested that around 76% of those polled supported the Silvertown crossing, while a further 51% supported the proposals for a ferry service at Gallions Reach, and 71% supported a fixed solution.

However environmental campaign group Friends of the Earth has branded the project a ‘waste of money’ and have called on the Mayor to scrap the plans.

TfL’s managing director of planning, Michele Dix said: “We have delivered very significant public transport improvements providing better connections across the Thames in south and south east London, however with London’s population potentially reaching 10 million by 2031, we recognise the importance that will be placed on transporting goods and services throughout east and south east London.

“The proposed additional road infrastructure is vital. Apart from the opening of the QEII Bridge at Dartford there has been no increase in the capacity of the highway network across the river in east London for nearly 50 years.”

Pollution

But in response, Friends of the Earth’s London campaigner, Jenny Bates, said: “The Mayor is not prepared to take the bold action necessary now to curb traffic levels and bring dangerous air pollution within EU legal limits – making it harder by adding to traffic from new road crossings would be madness.

“The reality is that new road space generates new traffic – as people switch to driving and make new journeys if it is made easier for them.

“TfL expect to toll the new crossings and existing Blackwall tunnel to prevent traffic chaos – though most respondents were opposed to the tolling proposals.”

Ms Bates argued that there are ‘better ways’ to tackle existing congestion problems in the capital than the planned river crossings.

She added: “East and South East London need ways to help the area without adding to traffic, congestion and air pollution – investing in walking and cycling and improving public transport would make healthier and better places to live and work and visit.

“Lessons need to be learnt from the Thames Gateway road bridge public inquiry where the supposed need for the scheme and regeneration claims made by TfL did not stand up.”

Councils

Meanwhile, the Royal Borough of Greenwich and Newham councils both welcomed the findings of the consultation, adding that they both ‘firmly believe’ that new crossings would provide much needed development to the area and create around 20,000 jobs – as well as easing congestion.

Sir Robin Wales, Mayor of Newham, said: “It remains our firm view that these crossings are essential to maximising the economic growth and employment potential of the Royal Docks and the Greenwich Waterfront.

“We are disappointed further consultation may be needed as the support for both fixed crossings is clearly overwhelming so we would urge Transport for London to progress these plans as quickly as possible.”

TfL is now considering the findings in the consultation. If a decision is taken to progress any of the proposed options further, more detailed consultations will take place.

Fife council has approved plans to improve air quality in the Appin area of Dunfermline, after councillors approved the measures at a meeting yesterday (May 8).

An Air Quality Management Area was established for a site near Appin Crescent in November 2011 following high measurements of nitrogen dioxide NO2 and fine particles PM10 in the area.

An Air Quality Action Plan has been agreed for the Appin Crescent area of Dunfermline

In February council officers drew up plans to reduce the emissions from vehicles of NO2 and PM10 by between 18% and 40% respectively, which it believes will bring it in line with the annual mean air quality levels.

Councillors agreed to adopt the plan at a meeting of the council’s Dunfermline Area Committee on Wednesday.

The plan includes measures to reduce congestion around busy roads by changing signage to divert some vehicles onto quieter routes and to promote more sustainable transport options including public transport and cycling.

Planning

Meanwhile council planning officers will also seek to ensure that Air Quality is integrated alongside other council strategies including planning and transport.

Douglas Mayne, service manager, said: “Our Air Quality Action Plan sets out how we aim to improve the air quality in the Appin Crescent area.  We are already looking at the best means by which these measures can be progressed in seeking to deliver air quality improvements in the Appin Crescent area. This will include inviting representatives of public and business communities to our Appin Crescent Steering Group meetings to include stakeholders in the action planning process.”

Some of the funding for implementing the measures is likely to come from a £15,500 grant obtained from the Scottish Government Air Quality Grant scheme earlier this year, but the bulk of the measures will be paid for through council budgets.

Fife council is set to continue to review and assess air quality to monitor the success of the plan.

AQMAs were introduced by the Department for Environment, Food and Rural Affairs (Defra) in December 1997 and require local authorities to regularly measure air pollution levels. If an area is found to be likely to fall foul of national air quality objectives councils have a statutory duty to declare the site as an AQMA, and then take steps to improve air quality.

Local authorities will no longer need to produce air quality assessments after designating Air Quality Management Areas (AQMAs) under plans announced in the Queen’s speech today (May 8).

However, there were no provisions mentioned in the Queen’s speech for introducing plain packaging for tobacco products in order to discourage smoking.

In her speech, the Queen outlines government plans to remove obligations for local authorities to carry out further assessment after declaring an Air Quality Management Area

The plans to change requirements for local authority air quality assessments were announced as part of the Deregulation Bill, which the government intends introduce to parliament this year after it is published in draft form for pre-legislative scrutiny.

The Queen said in her speech that the Bill was being introduced to “reduce the burden of excessive regulation on businesses”.

It is currently unclear exactly what this will mean for local authority air quality assessment, as details of the Bill have not yet been published, but it is thought that the Queen’s speech refers to stipulations that local authorities must carry out a ‘further assessment’ of air quality within 12 months of declaring an AQMA.

Currently, when a local authority finds an area in its jurisdiction in breach of national legal air quality objectives it can declare an AQMA, which enables the authority to apply for special funding to monitor and tackle the air pollution problem.

And, under section 84 of the Environment Act 1995, after an AQMA is declared, the council is obliged to produce an Air Quality Action Plan for submission to Defra. The Act stipulates that councils then have 12 months to carry out a ‘Further Assessment’ of air quality in the designated zone.

As a result, Steve Moorcroft, director of environmental consultancy firm Air Quality Consultants, told AirQualityNews.com that if changes were made to local authority requirements to carry out ‘further assessments’, the government would likely have to amend the 1995 Environment Act.

However, he said that getting rid of further assessment requirements could well be a positive change for local authorities.

He said: “This legislation is perhaps unnecessary, as councils will have already just performed an air quality assessment in order to declare an AQMA in the first place, and work can easily be done to carry out further assessments if the council wishes to.”

Maria Arnold of ClientEarth and the Healthy Air campaign said: “In line with the Supreme Court declaration that the government is failing in its legal duty to protect people from the harmful effects of air pollution, it is vital that any new system genuinely drives dramatic improvements to air quality; and is adequately supported by national measures. At the moment Defra is trying to ‘pass the buck’ to local authorities, passing down all the responsibility yet withholding much needed national support.”

However, Simon Birkett, founder and director of campaign group Clean Air in London, said by not obliging councils to produce further air quality assessments of AQMAs, the government was trying to “hide the facts about air pollution”.

He said: “The government admits annual assessments of air quality have been required for over 15 years ‘to make sure that the national air quality objectives will be achieved throughout the UK by the relevant deadlines’. With these laws breached in many places across the UK, the government’s response is not good governance, transparency and action but the systematic covering-up of information needed by the public to hold the government and local authorities to account. The government should put its efforts into complying with the law not flouting it.”

He added: “Worse, this proposed change makes it likely those areas that have once complied with legal limits or failed to declare properly an AQMA would forever be able to hide future problems e.g. due to over-development.”

Tobacco packaging

The Queen’s speech has also caused controversy among anti-smoking campaigners for failing to include provisions to introduce compulsory plain packaging for tobacco products in the UK.

Similar laws already exist in Australia and the Scottish Government has previously announced its intention to introduce compulsory plain packaging as part of its five-year strategy to be “tobacco-free” in the country by 2034 (see airqualitynews.com story).

The UK government had been expected to follow suit, but provisions for the legislation were omitted from today’s speech in order to focus on other policies and such regulations are now unlikely to be on the government’s agenda for the coming year.

The government has also yet to respond to a consultation on the possible introduction of plain tobacco packaging legislation which it carried out between April and August 2012.

Commenting on the government’s decision to delay the introduction of standardised tobacco product packaging, executive director of charity Cancer Research UK, Sarah Woolnough, said that recent research carried out by the charity highlighted “just how powerful packaging can be”.

She said: “We are still waiting for the UK government to respond to the public consultation on tobacco packaging. Every day we wait more children will be lured into the lethal addiction. We urge the UK government to show their commitment to health and give millions of children one less reason to start.”

The Queen’s 2013 speech is available to read in full on the Number 10 website.

The government’s new aviation emissions strategy is “disappointing” and has not responded to environmental concerns on air quality and noise, according to the London Assembly.

Unveiled in March, the Aviation Policy Framework sets out the government’s objectives for tackling UK aviation emissions and noise as the sector grows. The framework document suggested that a focus on reducing airport noise could potentially impact on aviation air pollution levels (see airqualitynews.com story).

The government unveiled its aviation policy framework in March 2013

However, the London Assembly’s Health and Environment Committee today (May 7) published a letter online which it has sent to transport secretary Patrick McLoughlin criticising the government’s framework as a “missed opportunity” to respond to concerns about the environmental costs of aviation.

According to the Committee, there has been little improvement in pollution levels around Heathrow for more than a decade and areas around the airport already breach EU air quality limits.

The letter said that it was “disappointing” that the framework showed a “shift away from requiring decisions on new capacity to incorporate the least environmentally damaging solutions”.

It is also criticised a perceived lack of commitment to national action, such as including aviation in the five-year national carbon budgets. The letter states that “delays and uncertainty over the European emissions trading scheme should be an argument for decisive national action, not against”.

The Committee was pleased, however, that the framework recognised that surface measures – such as the greater use of public transport to and from airports – were needed alongside using greener aircraft to improve air quality. The letter described this as a “step in the right direction”.

The letter states: “We need to ensure that any environmental safeguards put in place are fit for purpose and will make a positive difference to the environment and health of those individuals who live in close proximity to airports.”

Noise

However, with regards to noise, the government has also not taken up the Committee’s recommendation for a new benchmark for identifying communities most affected by noise, according to the letter. It describes the final framework in this regard as “weak”.

The letter says: “This system of self-regulation by the airport operators has so far failed to produce a scheme that is satisfactory to local residents around Heathrow Airport. It is difficult to understand how the government expects more of the same to yield a better system than presently exists.”

Murad Qureshi, chair of the Assembly’s Health and Environment Committee, said: “When the government published its aviation policy framework in draft form, it asked the right questions about noise, air quality and climate change, but the final version fails to deliver on these.

“It is disappointing that so few of the recommendations we and others made have been taken up by the government. This represents a missed opportunity to respond to the very real concerns people have about the environmental impacts of aviation. We very much hope any future regulations will remedy this.”

The Committee’s letter to the transport secretary is available on the London Assembly website.

A new Air Quality Action Plan (AQAP) for 2013 has been approved by members of the cabinet at Thanet district council in Kent.

According to the council, air quality in Thanet is “generally good” and “is improving”, but the AQAP has identified areas in Birchington and St. Lawrence as exceeding national objectives for air quality.

St Lawrence mini roundabout in Thanet is one of the places within the Urban AQMA set up by the district council

The High Street St. Lawrence in Ramsgate and The Square in Birchington have previously been designated as Air Quality Management Areas (AQMAs), as  both are junctions with heavy traffic and have regularly exceeded the national recommended objective for mean concentrations of nitrogen dioxide.

However, a larger urban AQMA was declared in November 2011, which encompassed both areas in order to create a broader strategy for tackling air quality problems. It is one of more than 40 AQMAs across Kent.

As a result, the council is obliged under section 84 of the Environment Act 1995 to produce an AQAP, with a deadline to submit the plan to Defra of April 2013.

Key measures

The new plan, which was approved by cabinet on April 25, puts forward various key measures for the next 12 months to try and tackle air pollution, including improving the movement of freight; encouraging public transport use; and promoting car sharing, travel planning, cycling and walking.

The AQAP also includes measures on parking enforcement; development planning; investigating traffic signal and junction configuration; and looking into feasibility studies and funding.

Earlier this year, the council put the AQAP out for consultation with residents, public bodies and organisations. The consultation ran from January 17 2013 until March 14 2013 (see airqualitynews.com story).

Harvey Patterson, corporate and regulatory services manager at Thanet district council, said: “The air quality in Thanet is generally good and it reflects a national picture in that it is improving, although there are two locations where concentrations of traffic currently cause the level of a pollutant called nitrogen dioxide (NO2) to be higher than is desirable.

“It is therefore essential that we set in motion these initiatives to ensure the population of Thanet’s health and well-being is protected.”

More information on air quality in Thanet is available on the district council website.

There is a “strong chance” that the UK will face enforcement action over its failure to meet EU air quality limits in various areas in the country, according to the European Commission.

The Supreme Court yesterday (May 1) ruled that the UK was in breach of EU legal limits for nitrogen dioxide in 16 of its 43 zones, and referred the case to the Court of Justice of the European Union (see airqualitynews.com story).

The UK could face enforcement action from the European Commission over its failure to meet legal air quality limits

As a result, European Commission environment spokesman Joseph Hennon said there was a “strong chance” that the Commission would take enforcement action against the UK after campaign group ClientEarth’s case goes to the EU Court (CJEU).

Enforcement action from the EU could result in the UK being handed multi-million pound fines for failing to meet air quality limits.

However, Mr Hennon said that the Commission would need to consider whether to take enforcement action against the UK individually or to take action collectively against a number of member states in breach of limits.

Commenting on yesterday’s ruling, Mr Hennon said that the Commission “welcomes the UK Supreme Court judgment” as it means the CJEU “can now give EU-wide guidance and interpretation of the Air Quality Directive”.

He also said that the Commission “welcomes fact that UK’s top court recognises enforcement of EU law is as much national task as EU level one” and that “citizens and NGOs should be able to take environment issues to the national courts rather than to the European court”.

Speaking to airqualitynews.com, Mr Hennon said: “I would say there is a strong chance that the Commission would take enforcement action against the UK over the air quality breaches.

“Defra and CientEarth first of all need to agree on the precise questions to go to the European court, which the UK Supreme Court has given them four weeks to do. After that, it could take several months to go to the European court, but it is really up to the court. The process will certainly be much faster than if the Commission had taken the case to court.”

‘Misleading’

Defra has not commented specifically on the case or yesterday’s ruling, but said yesterday that: “Air quality has improved significantly in recent decades and almost all of the UK meets EU air quality limits for all pollutants.”

Responding to this statement, ClientEarth lawyer Alan Andrews said it was “misleading to say that almost all of the UK meets EU air quality limits” and called on the government to “be honest about air pollution’s scale and impact”.

He said: “Much of the UK land mass has a low population. Air pollution is a problem in cities where most people live. If you’re on holiday in the Highlands you’re at a low risk. If you grow up in an inner city it could do you irreversible and life threatening damage. If we’re going to solve this problem the first thing the Government needs to do is be honest about air pollution’s scale and impact.”

However, responding to ClientEarth in a message on Twitter, Defra’s director of climate, waste and atmosphere, Colin Church (@DefraWaste) said: “not misleading. Average grid square NO2 conc weighted for population was 20 ug/m3, well below limit (40ug/m3) in 2010.”

‘Powerful message’

Commenting on yesterday’s Supreme Court ruling, Keith Taylor, MEP for South East England, said: “This ruling confirms what many of us have been saying for a long time: The UK government must do more to protect the population from harmful levels of air pollution.

The government has known about these maximum limits for over ten years, yet has done precious little to reduce pollution. We now know that air pollution is second only to smoking in damaging human health. It’s time for immediate action, starting with reducing pollution in towns and cities.”

Also commenting on yesterday’s ruling, Clean Air in London campaigner, Simon Birkett, congratulated ClientEarth and said the judgment would “send shockwaves through government”.

He said: “The UK’s top court has sent a powerful message to the government that it cannot continue to ride roughshod over air pollution laws. Further, the wide ranging proposed reference to the Court of Justice of the European Union means that this case could soon set precedents for the most important aspects of air pollution laws across the whole of Europe, i.e. what must be done by when if laws are breached and the penalties for not acting.

“The government and the London Mayor must wake up to this new reality and take action to protect the general public not lobby to weaken these laws during the Year of Air in 2013.”

The UK is in breach of EU air quality limits and failing its legal duty to tackle air pollution, the Supreme Court ruled today (May 1).

After a long-running series of court battles, campaign group ClientEarth had its appeal allowed by the UK Supreme Court, which ruled that the government had failed to put sufficient measures in place to comply with EU air pollution limits.

The Supreme Court today (May 1) ruled that the UK government had breached EU air quality limits (Photo – UK Supreme Court)

ClientEarth chief executive James Thornton described today’s judgment as an “historic ruling”.

The campaign group had previously expected a decision on the case, which was heard on March 7 2013, before Easter (see airqualitynews.com story).

The UK Supreme Court has now referred the matter to the Court of Justice of the European Union (CJEU), as it said it raises ‘difficult issues’ of European law. The CJEU could decide to force the government to submit plans that would see the UK meet legal air quality limits.

Today’s judgment, handed down by Justice Lord Carnworth, states that ‘the way is open to immediate enforcement action at national or European level’. The case was also heard by Justice Lords Hope, Mance, Clarke and Sumption.

Under current government plans, 16 out of 43 areas or zones in the UK are not due to meet EU legal limits for nitrogen dioxide until 2020, while Greater London is not expected to meet these limits until 2025.

The last possible extension from the original 2010 deadline to meet these limits – when 40 of the 43 zones were in exceedance – is 2015. However, the government has not submitted an application to the European Commission for an extension to this deadline, and it is on this issue that ClientEarth launched their appeal to the UK Supreme Court.

Instead of submitting an extension application, ‘The Secretary of State submitted air quality plans under article 23 to the European Commission in order to demonstrate that the exceedance periods for those 16 zones and agglomerations would be kept as short as possible.

According to the judgment, both Client Earth and the government are now invited to make submissions to the Supreme Court as to the precise form of the questions to go to the CJEU.

Today’s ruling states: ‘The Supreme Court allows the appeal to the extent that it grants a declaration that there has been a breach of article 13 of the Air Quality Directive. The proceedings are stayed whilst the other issues concerning the Air Quality Directive are referred to the Court of Justice of the European Union (CJEU). The parties are requested to file submissions as to the precise form of the questions to be referred.’

‘Historic ruling’

Commenting on today’s ruling, ClientEarth chief executive James Thornton, said: “This historic ruling marks a turning point in the fight for clean air and will pile the pressure on Owen Paterson [UK environment minister]. Faced with court action on two fronts, he must now come up with an ambitious plan to protect people from carcinogenic diesel fumes. Until now, his only policy has been lobbying in Europe to try and weaken air pollution laws.”

“The Supreme Court recognised that this case has broader implications for EU environmental law: The government can’t flout environmental law with impunity. If the Government breaks the law, citizens can demand justice and the courts must act.”

The Department for the Environment, Food and Rural Affairs (Defra) declined to comment specifically on the case, but a spokeswoman said: “Air quality has improved significantly in recent decades and almost all of the UK meets EU air quality limits for all pollutants.”

‘Wake-up call’

Commenting on the Supreme Court ruling today, chair of the London Assembly’s environment committee, Murad Qureshi, said: “Today’s decision should be a wakeup call for the government and the Mayor. It is unacceptable that while 4,000 Londoners die prematurely each year because of air pollution, Boris Johnson’s response has been to kick serious action that would tackle the problem down the line for a future Mayor to deal with.

“Air pollution is the second biggest public health risk in the capital. That London will not meet legal limits on NO2 pollution until 2025 shows exactly how much of a priority the Mayor gave the issue during his first term.”

Also commenting on today’s judgment, Friends of the Earth campaigner, Jenny Bates, said: “This is a significant judgement that ministers must not ignore. The UK’s attitude to air pollution is a national scandal – thousands of people die prematurely every year because of poor air quality.

“We urge ministers to take urgent action to tackle this crisis, including scrapping plans to build more roads.”