Proposals to tackle pollution ‘unlawful’, judge told

ENVIRONMENTAL LAWYERS have told a High Court judge the Government’s plans to tackle air pollution are “unlawful”.

Client-Earth has launched its third legal challenge to proposals for reducing illegal levels of harmful nitrogen dioxide.

The charity’s legal team told Mr Justice Garnham that, eight years after the UK was found to be in breach of European Union limits on the pollutant, levels were still too high in 37 out of 43 zones across the country.

Nathalie Lieven QC told the court: “On Defra’s (Department for Environment, Food and Rural Affairs) own assessment there continues to be a very significant impact on human health for many years into the future.”

The charity won two previous cases against Ministers over failures to meet legal limits for the pollutant.

Its latest case is being brought against the Environment Secretary and the Transport Secretary.

A claim against the Welsh Government was discontinued at the start of the hearing after its lawyers said it will work with Client-Earth to agree new proposals.

Ms Lieven said Client-Earth is seeking a declaration the Government’s current plans to improve air quality are “unlawful” because they do not bring nitrogen dioxide levels within legal limits in the “shortest possible time”. The charity also wants an order forcing the Government to propose and implement extra measures urgently, to “rectify shortcomings” in the current proposals.

A Defra spokeswoman said: “Air pollution has improved significantly since 2010, but we recognise there is more to do which is why we have put in place a £3.5bn plan to improve air quality and reduce harmful emissions.”

Meanwhile, businesses had their say about the potential impact of Leeds City Council’s cleanair proposals at a meeting with the authority yesterday.

Lorna McAtear, head of supply and internal accounts for fleet at Royal Mail, afterwards said one of its biggest concerns is “consistency, making sure every city works to the same set of guidelines”.

The scheme could include a £100 day charge for HGVs and buses, with taxis and private hire vehicles paying £12.50. A public consultation is under way.