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

2. What is the problem?

3. Why are we concerned?
Invisible

4. 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,

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

6. 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”

7. 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 (

8. ClientEarth vs SSEFRA

9. 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

10. ClientEarth vs SSEFRA
Round 2

11. 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 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

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

13. The challenge

15. The challenge

17. 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...

18. Is this still the future?

19. Thank you
@HealthyAirUK