We sue the UK government over air pollution

Newsletter, 19 August 2011

ce_085photo: sbisson


ClientEarth has brought a judicial review against the UK government for failing to protect people’s health from air pollution.


Bad air quality, chiefly caused by vehicle emissions in our towns and cities, is a national disgrace. Each year 29,000 people die prematurely in the UK because of air pollution - this is more people than die or sustain serious injuries in road traffic accidents.
 
UK and EU law set limits for air pollution based on the scientific analyses of health risks by the World Health Organization. ClientEarth is challenging the Department of Environment, Food and Rural Affairs (Defra) for failing to produce plans that will reduce nitrogen dioxide (NO2) levels (to within legal limits by 1 January 2015), and for refusing to consult the public on plans to reduce dangerous airborne particles (PM10) in London - despite ClientEarth reminding them in April of their legal responsibility to do so.
 
James Thornton, ClientEarth CEO, said: “Since modern air quality laws were introduced, successive governments have failed to clean up the air we breathe. This is despite the 29,000 deaths a year that government figures suggest result from pollution. We cannot afford to waste any more time by ignoring this invisible killer."


Read James Thornton’s Huffington Post blog here



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photo: doyoubleedlikeme


European Commission releases Common Fisheries Policy proposal


The European Commission’s proposal for a regulation on a Common Fisheries Policy was accompanied by strong statements promising radical reform to deliver sustainable fisheries. For example: the setting of sustainable fishing levels, the integration of environmental requirements into fisheries management, the decentralisation of decision-making, and in relation to the elimination of discards.

To the Commission’s credit, the proposal does attempt to make good on some of these promises. However, it fails to meaningfully address others. Even where there are positive provisions, they never go quite far enough to ensure that they will deliver the desired outcomes in the end. Much work remains to be done.

You can read what ClientEarth thinks should be done here



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photo: jamie_potter

ClientEarth challenges Poland for bending the law on
coal-fired power stations
 

Days before Poland took over the EU Presidency on 1 July 2011 Polish authorities issued greenhouse gas (GHG) emission permits to 13 power projects that exist only “on paper”. The permits are linked to Poland's plans to get free emissions allowances for its power sector from 2013 when auctioning is introduced in the EU emissions trading scheme (ETS).

ClientEarth said that Poland was breaching both EU and national law in an attempt to gain financial advantage for its power sector. The ETS is intended to discourage high carbon investment. But free emissions allowances for projects that have yet to be physically initiated could give investors an incentive to invest in a new generation of coal power.

Karla Hill, ClientEarth’s director of programmes, described to Business Green what the Polish government were doing in support of the 13 projects. She said: “It's a bit like if I go into my garden and get a spade and put up a fence and then say I'm building a power plant.”

Poland must get approval from the European Commission before the 13 projects will get free emissions allowances and the 13 GHG permits face legal challenges from ClientEarth.



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European Commission approves schemes for
biofuels without public scrutiny 
 


The European Commission has released the names of seven voluntary certification schemes approved to certify biofuels according to the ‘sustainability criteria’ set out in the Renewable Energy Directive. This followed a lawsuit filed by ClientEarth, Friends of the Earth Europe (FOEE), FERN and Corporate Europe Observatory (CEO) against the Commission's refusal to provide access to information regarding the approval of such schemes. This was the third time the Commission has been sued on unsustainable biofuels issues by ClientEarth.

Janet Pritchard, Climate & Forests Programme Leader, ClientEarth, said: "The way that this has been handled underlines the Commission's practice of shutting out meaningful public participation in the development of its biofuels policy.”

Read about our work on biofuels here


In other
biofuels news...

Susie Wilks, biodiversity lawyer, wrote a piece for The Lawyer that explains why biofuels production must be based on sound science. Read it here


Read our latest blog posts...

Our response to the Common Fisheries Policy proposal at London Zoo - here

We should teach climate change – here

Listen to the bees - here