The legal fight for public health: the right to breathe clean air Andrea Lee, Healthy Air campaigner

What is the problem?

Why are we concerned? Invisible

The health impacts Macrophages from children’s respiratory systems containing particulate matter. Particles found in brain tissue These highlight how modern day pollution penetrates into our body and can therefore cause damage RCP and RCPCH report highlighted how air pollution impacts on all of our health, from the womb, as we develop as children and into adulthood and old age In fact the biggest health impact from air pollution is through cardiovascular disease, where it helps to trigger heart attacks and strokes In addition it aggravates respiratory conditions, and we must not forget that asthma attacks can be fatal,

Inequality Policy exchange: there is a statistically significant relationship between deprivation and NO2 concentrations in Outer London boroughs

Directive 2008/50/EC – the Ambient Air Quality Directive Transposed into english law Central government has overall legal responsibility But also devolved Sets legal limits Time extensions Air quality plans: “appropriate measures so as to keep the exceedence period as short as possible”

Nitroden dioxide (NO2) breaches In 2010: 40 out of 43 zones did not comply In 2015 : - 37 out of 43 zones still don’t comply In 2010 Time extensions: of 40 zones that did not comply, 24 requested but only 12 granted 16 zones projected compliance after 2015: No time extension requested Image courtesy of the Air Quality Group, University of Leicester (www.leos.le.ac.uk/aq)

ClientEarth vs SSEFRA

Supreme Court 2015 "The new Government […] should be left in no doubt as to the need for immediate action to address this issue.“ Mandatory order to prepare a new plan By end of 2015 Checklist of measures Liberty to apply “as short as possible” Order: The appeal be allowed. Defra prepare and publically consult on draft air quality plans. The consultation lasts at least 40 working days. New air quality plans delivered to European Commission by 31 December 2015. The parties have liberty to apply to the Administrative Court to determine legal issues. Lord Justice Carnwath

ClientEarth vs SSEFRA Round 2

The Government had “erred in law” High Court 2016 The Government had “erred in law” Must aim to achieve compliance in the “soonest time possible” Must choose a route which reduces exposure as quickly as possible Must improve their plans Draft by 24 April 2017 Final by 31 July 2017 Liberty to apply The Court found that the Government had “erred in law” by aiming to achieve compliance by a too distant date (2020 and 2025 for Greater London), by relying on overly optimistic modelling and by failing to model compliance in years prior to 2020. In doing so, the Government had denied itself the information it needed to determine what measures were necessary to ensure earlier compliance. The Court ordered that the 2015 AQP be modified to achieve nitrogen dioxide limits as soon as possible. The modified plans must be published in draft on 24 April 2017 for public consultation, along with relevant technical information, before being published in final form by 31 July 2017. Mr Justice Garnham

“We have taken action, but there is more to do and we will do it.” Theresa May, 2 November 2017

The challenge

The challenge

A national network of effective Clean Air Zones Mandatory for most zones currently in breach Include all major emission sources e.g. cars Implemented as soon as possible e.g. 2018 Euro 6 + Real Driving Emissions Focal point for complementary measures e.g. retrofit, scrappage, “clean car” label, public transport, walking and cycling infrastructure...

Is this still the future?

Thank you www.clientearth.org www.healthyair.org.uk @HealthyAirUK