The document discusses the legal framework for clean air in the UK, actions that have been taken, and areas that still need improvement. It notes that while some local authorities have proposed plans like CAZs to reduce NO2, pollution levels remain a problem. It argues that the legal limits for PM are too weak and should match WHO guidelines. Looking forward, the document discusses the proposed Environment Bill and creating a new environmental governance system, but expresses skepticism about whether these changes will actually result in stronger national leadership on reducing air pollution.

1. The legal battle for clean air:
Taking stock and looking forward
Katie Nield
UK Clean Air Lawyer, ClientEarth

2. Taking stock: the legal
framework for action

3. Central government responsibilities…
Directive 2008/50/EC
Article 13 – sets limit values
Article 23 – requires air quality
plans to keep the period of
exceedance “as short as
possible”
Air Quality Standards
Regulations 2010
…establish the Secretary of State
as the responsible authority
Pollutant Period Limit value
(μg/m3)
NO2 1 year 40
1 hour 200 (18x/year)
PM10 1 year 40
24 hours 50
(35x/year)
PM2.5 1 year 25

4. Air quality plans must…
1. aim to achieve compliance as soon as
possible;
2. choose a route to compliance which
reduces human exposure as quickly as
possible; and
3. ensure that compliance with the limit
values is not just possible but likely.
(per Garnham J, ClientEarth (No.2)

5. Cost can only be secondary to efficacy….
“…I reject any suggestion that the state can
have any regard to cost in fixing the target
date for compliance or in determining the
route by which the compliance can be
achieved where one route produces results
quicker than another. In those respects the
determining consideration has to be the
efficacy of the measure in question and
not their cost”
per Garnham J, ClientEarth (No.2)

6. Local authorities have been pushed
centre stage…
s85 Environment Act 1995
The SoS has the power require action from LAs
“appropriate for the implementation” of the Directive
Ministerial directions have been issued to
• 61 English LAs
• 2 Welsh LAs
…requiring each to come up with its own proposals
for local measures to reduce NO2

7. Birmingham
Leeds
Southampton
Derby
Nottingham
Basildon Borough Council
Bath and North East
Somerset Council
Bolton Metropolitan
Borough Council
Bristol City Council
Bury Metropolitan Borough
Council
Coventry City Council
Fareham Borough Council
Gateshead Metropolitan
Borough Council
Guildford Borough Council
Manchester City Council
Middlesbrough Borough
Council
New Forest District Council
Newcastle City Council
North Tyneside Council
Rochford District Council
Rotherham Metropolitan
Borough Council
Rushmoor Borough Council
Salford City Council
Sheffield City Council
Stockport Metropolitan
Borough Council
Surrey Heath Borough
Council
Tameside Metropolitan
Borough Council
Trafford Metropolitan
Borough Council
Ashfield District Council
Basingstoke and Deane Borough
Council
Blaby District Council
Bolsover District Council
Bournemouth Borough Council
City of Bradford Metropolitan District
Council
Broxbourne Borough Council
Burnley Borough Council
Calderdale Metropolitan Borough
Council
Cheltenham Borough Council
Dudley Metropolitan Borough Council
Kirklees Council
Leicester City Council
Liverpool City Council
Newcastle-under-Lyme Borough
Council
Oldham Council
Oxford City Council
Peterborough City Council
Plymouth City Council
Poole Borough Council
Portsmouth City Council
Reading Borough Council
Sandwell Metropolitan Borough
Council
Sefton Metropolitan Borough Council
Solihull Metropolitan Borough Council
South Gloucestershire Council
South Tyneside Council
Southend-on-Sea Borough Council
Stoke-on-Trent City Council
Sunderland City Council
Wakefield Metropolitan Borough
Council
Walsall Council
City of Wolverhampton Council
“the 5” “the 23” “the 33”
15 Sept 2018 31 Dec 2018 5 Oct 2018 / 31 Oct 2019

8. What we have seen so far
Leeds: Class B CAZ
Sheffield: Class C CAZ
Derby: Traffic management
Birmingham: Class D CAZ
Bath: Class C CAZ
Coventry: ??Traffic management??
Manchester: ?Class B/C CAZ?
Newcastle: ?Class C CAZ?
Bristol: ?Class C CAZ?

9. What is going wrong?
• Pollution levels shown to be worse than previously feared
• Continuing stalemate on action to tackle private car emissions
• Lack of national support to help people/businesses make cleaner
transport choices
• The dangers of a numbers game?
• What about PM?

10. Legal limits for PM are too weak…
Pollutant Period WHO guidelines
(μg/m3)
EU AAQ Directive
limit values
(μg/m3)
PM10 1 year 20 40
24 hours 50 (not more
than 3 x/year)
50 (not more than
35 x/year)
PM2.5 1 year 10 25
24 hours 25 (not more
than 3 x/year)
No limit value

11. Looking forward

12. “We will introduce an
environment Bill, and clean air
will be part of that Bill”
Theresa May, 18 July 2018

13. Working towards WHO guidelines
“We will reduce PM2.5
concentrations across the UK, so
that the number of people living
in locations above the WHO
guideline level of 10 μg/m3 is
reduced by 50% by 2025”
Clean Air Strategy, Jan 2019
“We have got to ensure our
Environment Bill includes a legally
binding commitment on particulate
matter so that no part of the country
exceeds the levels recommended by
the WHO”
Michael Gove MP, July 2019

14. A more effective framework for action?
“New legislation will create a
stronger and more coherent
framework for action to tackle
air pollution”
“This will include an up to date
legislative framework for
tackling air pollution at
national and local level”
Clean Air Strategy, Jan 2019
BUT, with rhetoric focusing
on more local powers, do
we risk running into an old
acquaintance…?

15. Filling the post-Brexit governance gap
“we will create a pioneering
new system of green
governance, establishing an
Office for Environmental
Protection…”
Clean Air Strategy, Jan 2019
BUT this risks being more…
than…

16. Healthy Air Campaign position paper
https://www.documents.clientearth.org/wp-
content/uploads/library/2019-07-01-healthy-air-campaign-clean-air-and-
the-environment-bill-position-paper-july-2019-hac-en.pdf

17. Thank you