Judges at the Supreme Court ruled yesterday (May 1st) that the Government has breached European Union air quality law and has asked the European Court of Justice (ECJ) for guidance on what action needs to be taken.
The highest appeal court in the country said that the Government was in breach of an EU directive that puts limits on nitrogen dioxide (NO2), a colourless, odourless gas produced by burning fuels, manly from cars, which can harm people’s health.
The decision means that the European Commission could take infringement action against the UK without waiting for the ECJ’s ruling, which could in turn lead to heavy fines.
With this in mind, the Government has little option but to come forward with plans to combat NO2 pollution in cities. These could include ultra-low emission zones and even bans on certain vehicles. However, the fact that the case has been referred to the ECJ for clarification means that the Government could delay doing anything for up to a year.
London has the highest levels of NO2 of any European capital and around 29,000 early deaths a year are attributed to air pollution, according to a body that advises the Government.
Other cities with illegal levels of NO2 include Manchester, Birmingham and Glasgow, which could theoretically suffer from dangerous amounts of the gas until as late as 2025.
The Government declined to comment on the ruling, although a spokesman for the Department of the Environment, Food and Rural Affairs said that air quality has improved significantly in recent decades and almost all of the UK meets EU air quality limits.