U.K. Supreme Court ruling declares Britain in breach of EU air pollution rules

This article was last updated on April 16, 2022

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British Supreme court have passed a ruling that the U.K. government is in breach of its legal obligation to reduce air pollution, and call for the European Commission to take immediate legal action to enforce EU air quality law.

Five British judges of Supreme Court found that the government was in breach of one of its legal duties to protect people from the harmful effects of air pollution. It is the first time ever that government has remained unable to meet the air pollution limits set by the European Union.

Among all the European capitals, London has the highest level of nitrogen dioxide (NO₂) in the atmosphere.

The government has told that 15 other U.K. zones, including Manchester and Glasgow, will have to wait till 2020 before air pollution levels would be brought to EU-approved levels.

The ruling came as a legal challenge brought by environmental charity ClientEarth over the date for the implementation of the European air pollution directive, which is aimed at reducing levels of harmful gases such as nitrogen dioxide (NO₂) – a colourless, odourless gas produced by burning fuels – in the air, which was supposed to be achieved by 2010. A five to ten year extension could be allowed if a government put in place a plan to deal with high levels of the destructive gas levels at these places.

The Supreme Court has now put a hold to the legal proceedings although other issues concerning the air quality directive are referred to the Court of Justice of the European Union for guidance.

A lawyer for the environmental charity Client Earth, Alan Andrews has told that the declaration is in fact “giving the commission the green light to take action straight away”.

The case was referred to the highest court in the land, after the High Court and the Court of Appeal had refused to take action.

According to one of the government advisory group, around 29,000 early deaths each year in Britain are attributed to the rising air pollution. Air pollution is said to have a direct link with the major respiratory problems and several heart disease.

This “historic ruling” is the sign of a turning point that will encourage a fight for clean air and reduced pollution levels to bring healthy environment to the citizens.

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