Tag Archives: court

Nigeria: Shell’s false oil spill claims exposed in court Updated for 2026





Shell has been forced to reveal documents as part of an ongoing legal case against them in the UK High Court brought by 15,000 community members in Bodo in the Niger Delta.

The documents expose the fact that Shell has repeatedly made false claims about the size and impact of two major oil spills at Bodo in an attempt to minimize its compensation payments.

The documents also show that Shell has known for years that its pipelines in the Niger Delta were old and faulty.

It emerged that Shell did not tell the truth to the court in The Hague in the legal action brought by Milieudefensie / Friends of the Earth Netherlands and four Nigerian farmers in 2013.

The action was taken against Shell due to major oil spills in three Nigerian villages. The documents show that Shell lied about the situation in the village of Goi.

100,000 barrels spilt, says AI – but Shell only admitted to 1,640

Shell’s joint investigation report for the first oil spill in the Bodo area of the Niger Delta claims only 1,640 barrels of oil were spilt in total.

However, based on an independent assessment published by US firm Accufacts Inc., Amnesty International calculated the total amount of oil spilt exceeded 100,000 barrels.

Shell initially denied this and repeatedly defended its far lower figure. In the court documents Shell admits its figure is wrong in both this case, and that of a second spill, also in 2008, in the same area.

The admission throws Shell’s assessment of hundreds of other Nigeria spills into doubt, as all spill investigations are conducted in the same manner.

The potential repercussions are that hundreds of thousands of people may have been denied or underpaid compensation based on similar underestimates of other spills.

Pipelines in very poor condition – and Shell knew it

The court documents also show for the first time that Shell knew for years that its oil pipelines were in very poor condition and likely to leak. The court papers include an internal memo by Shell based on a 2002 study that states:

the remaining life of most of the [Shell] Oil Trunklines is more or less non-existent or short, while some sections contain major risk and hazard”. 

In another internal document dated 10 December 2009 a Shell employee warns:

[the company] is corporately exposed as the pipelines in Ogoniland have not been maintained properly or integrity assessed for over 15 years”.

In the Dutch case, Shell argued in court that spills from its pipeline in Goi could not be blamed on the company’s negligence. Shell’s lawyer pointed to the precautionary measures that Shell had taken, such as the installation of a Leak Detection System.

In part because of its reference to this system, in 2013 Shell was not held responsible for the spills in Goi. But the documents that Shell have been forced to divulge to a British court now, reveal that no Leak Detection System was in place.

Milieudefensie’s lawyer has submitted to the court in The Hague a portion of the documents that came to light via the British court. On 12 March of next year, this court will hold its first session in the appeal that Milieudefensie and the Nigerian farmers have brought against the 2013 verdict by the court in The Hague.

Shell’s toxic legacy

Shell is responsible for a toxic legacy in the Niger Delta. People are dying, sick, can’t feed themselves and have no clean water because Shell destroyed their environment by drilling for oil.

UNEP researched the destruction, publishing a report in 2011. The report concluded that Shell had not taken sufficient action to clean up and set out initial steps to rectify the damage.

Platform’s research in Ogoniland shows that Shell has still not cleaned up, almost 3 years after the UNEP report was published. Platform witnessed creeks and soil reeking of oil, in areas that Shell claims to have remediated.

Environment Advocacy Video from Media for Justice Project on Vimeo.


Communities report oil crusts on their land, rotten crops and poisoned fish. Emergency water supplies have not been delivered, forcing local residents to drink oil-polluted water.

A No Progress report by Platform and Friends of Earth Europe, Amnesty International, Environmental Rights Action and the Centre for Environment, Human Rights and Development (CEHRD) in August 2014 charted the systemic failure of the Nigerian Government and Shell to clean up horrendous oil pollution in the Niger Delta.

 


 

Action: Sign the petition to Shell’s CEO telling them to clean up oil pollution in the Niger Delta.

This article was originally published by Platform London.

 

 




387137

Nigeria: Shell’s false oil spill claims exposed in court Updated for 2026





Shell has been forced to reveal documents as part of an ongoing legal case against them in the UK High Court brought by 15,000 community members in Bodo in the Niger Delta.

The documents expose the fact that Shell has repeatedly made false claims about the size and impact of two major oil spills at Bodo in an attempt to minimize its compensation payments.

The documents also show that Shell has known for years that its pipelines in the Niger Delta were old and faulty.

It emerged that Shell did not tell the truth to the court in The Hague in the legal action brought by Milieudefensie / Friends of the Earth Netherlands and four Nigerian farmers in 2013.

The action was taken against Shell due to major oil spills in three Nigerian villages. The documents show that Shell lied about the situation in the village of Goi.

100,000 barrels spilt, says AI – but Shell only admitted to 1,640

Shell’s joint investigation report for the first oil spill in the Bodo area of the Niger Delta claims only 1,640 barrels of oil were spilt in total.

However, based on an independent assessment published by US firm Accufacts Inc., Amnesty International calculated the total amount of oil spilt exceeded 100,000 barrels.

Shell initially denied this and repeatedly defended its far lower figure. In the court documents Shell admits its figure is wrong in both this case, and that of a second spill, also in 2008, in the same area.

The admission throws Shell’s assessment of hundreds of other Nigeria spills into doubt, as all spill investigations are conducted in the same manner.

The potential repercussions are that hundreds of thousands of people may have been denied or underpaid compensation based on similar underestimates of other spills.

Pipelines in very poor condition – and Shell knew it

The court documents also show for the first time that Shell knew for years that its oil pipelines were in very poor condition and likely to leak. The court papers include an internal memo by Shell based on a 2002 study that states:

the remaining life of most of the [Shell] Oil Trunklines is more or less non-existent or short, while some sections contain major risk and hazard”. 

In another internal document dated 10 December 2009 a Shell employee warns:

[the company] is corporately exposed as the pipelines in Ogoniland have not been maintained properly or integrity assessed for over 15 years”.

In the Dutch case, Shell argued in court that spills from its pipeline in Goi could not be blamed on the company’s negligence. Shell’s lawyer pointed to the precautionary measures that Shell had taken, such as the installation of a Leak Detection System.

In part because of its reference to this system, in 2013 Shell was not held responsible for the spills in Goi. But the documents that Shell have been forced to divulge to a British court now, reveal that no Leak Detection System was in place.

Milieudefensie’s lawyer has submitted to the court in The Hague a portion of the documents that came to light via the British court. On 12 March of next year, this court will hold its first session in the appeal that Milieudefensie and the Nigerian farmers have brought against the 2013 verdict by the court in The Hague.

Shell’s toxic legacy

Shell is responsible for a toxic legacy in the Niger Delta. People are dying, sick, can’t feed themselves and have no clean water because Shell destroyed their environment by drilling for oil.

UNEP researched the destruction, publishing a report in 2011. The report concluded that Shell had not taken sufficient action to clean up and set out initial steps to rectify the damage.

Platform’s research in Ogoniland shows that Shell has still not cleaned up, almost 3 years after the UNEP report was published. Platform witnessed creeks and soil reeking of oil, in areas that Shell claims to have remediated.

Environment Advocacy Video from Media for Justice Project on Vimeo.


Communities report oil crusts on their land, rotten crops and poisoned fish. Emergency water supplies have not been delivered, forcing local residents to drink oil-polluted water.

A No Progress report by Platform and Friends of Earth Europe, Amnesty International, Environmental Rights Action and the Centre for Environment, Human Rights and Development (CEHRD) in August 2014 charted the systemic failure of the Nigerian Government and Shell to clean up horrendous oil pollution in the Niger Delta.

 


 

Action: Sign the petition to Shell’s CEO telling them to clean up oil pollution in the Niger Delta.

This article was originally published by Platform London.

 

 




387137

Nigeria: Shell’s false oil spill claims exposed in court Updated for 2026





Shell has been forced to reveal documents as part of an ongoing legal case against them in the UK High Court brought by 15,000 community members in Bodo in the Niger Delta.

The documents expose the fact that Shell has repeatedly made false claims about the size and impact of two major oil spills at Bodo in an attempt to minimize its compensation payments.

The documents also show that Shell has known for years that its pipelines in the Niger Delta were old and faulty.

It emerged that Shell did not tell the truth to the court in The Hague in the legal action brought by Milieudefensie / Friends of the Earth Netherlands and four Nigerian farmers in 2013.

The action was taken against Shell due to major oil spills in three Nigerian villages. The documents show that Shell lied about the situation in the village of Goi.

100,000 barrels spilt, says AI – but Shell only admitted to 1,640

Shell’s joint investigation report for the first oil spill in the Bodo area of the Niger Delta claims only 1,640 barrels of oil were spilt in total.

However, based on an independent assessment published by US firm Accufacts Inc., Amnesty International calculated the total amount of oil spilt exceeded 100,000 barrels.

Shell initially denied this and repeatedly defended its far lower figure. In the court documents Shell admits its figure is wrong in both this case, and that of a second spill, also in 2008, in the same area.

The admission throws Shell’s assessment of hundreds of other Nigeria spills into doubt, as all spill investigations are conducted in the same manner.

The potential repercussions are that hundreds of thousands of people may have been denied or underpaid compensation based on similar underestimates of other spills.

Pipelines in very poor condition – and Shell knew it

The court documents also show for the first time that Shell knew for years that its oil pipelines were in very poor condition and likely to leak. The court papers include an internal memo by Shell based on a 2002 study that states:

the remaining life of most of the [Shell] Oil Trunklines is more or less non-existent or short, while some sections contain major risk and hazard”. 

In another internal document dated 10 December 2009 a Shell employee warns:

[the company] is corporately exposed as the pipelines in Ogoniland have not been maintained properly or integrity assessed for over 15 years”.

In the Dutch case, Shell argued in court that spills from its pipeline in Goi could not be blamed on the company’s negligence. Shell’s lawyer pointed to the precautionary measures that Shell had taken, such as the installation of a Leak Detection System.

In part because of its reference to this system, in 2013 Shell was not held responsible for the spills in Goi. But the documents that Shell have been forced to divulge to a British court now, reveal that no Leak Detection System was in place.

Milieudefensie’s lawyer has submitted to the court in The Hague a portion of the documents that came to light via the British court. On 12 March of next year, this court will hold its first session in the appeal that Milieudefensie and the Nigerian farmers have brought against the 2013 verdict by the court in The Hague.

Shell’s toxic legacy

Shell is responsible for a toxic legacy in the Niger Delta. People are dying, sick, can’t feed themselves and have no clean water because Shell destroyed their environment by drilling for oil.

UNEP researched the destruction, publishing a report in 2011. The report concluded that Shell had not taken sufficient action to clean up and set out initial steps to rectify the damage.

Platform’s research in Ogoniland shows that Shell has still not cleaned up, almost 3 years after the UNEP report was published. Platform witnessed creeks and soil reeking of oil, in areas that Shell claims to have remediated.

Environment Advocacy Video from Media for Justice Project on Vimeo.


Communities report oil crusts on their land, rotten crops and poisoned fish. Emergency water supplies have not been delivered, forcing local residents to drink oil-polluted water.

A No Progress report by Platform and Friends of Earth Europe, Amnesty International, Environmental Rights Action and the Centre for Environment, Human Rights and Development (CEHRD) in August 2014 charted the systemic failure of the Nigerian Government and Shell to clean up horrendous oil pollution in the Niger Delta.

 


 

Action: Sign the petition to Shell’s CEO telling them to clean up oil pollution in the Niger Delta.

This article was originally published by Platform London.

 

 




387137

Nigeria: Shell’s false oil spill claims exposed in court Updated for 2026





Shell has been forced to reveal documents as part of an ongoing legal case against them in the UK High Court brought by 15,000 community members in Bodo in the Niger Delta.

The documents expose the fact that Shell has repeatedly made false claims about the size and impact of two major oil spills at Bodo in an attempt to minimize its compensation payments.

The documents also show that Shell has known for years that its pipelines in the Niger Delta were old and faulty.

It emerged that Shell did not tell the truth to the court in The Hague in the legal action brought by Milieudefensie / Friends of the Earth Netherlands and four Nigerian farmers in 2013.

The action was taken against Shell due to major oil spills in three Nigerian villages. The documents show that Shell lied about the situation in the village of Goi.

100,000 barrels spilt, says AI – but Shell only admitted to 1,640

Shell’s joint investigation report for the first oil spill in the Bodo area of the Niger Delta claims only 1,640 barrels of oil were spilt in total.

However, based on an independent assessment published by US firm Accufacts Inc., Amnesty International calculated the total amount of oil spilt exceeded 100,000 barrels.

Shell initially denied this and repeatedly defended its far lower figure. In the court documents Shell admits its figure is wrong in both this case, and that of a second spill, also in 2008, in the same area.

The admission throws Shell’s assessment of hundreds of other Nigeria spills into doubt, as all spill investigations are conducted in the same manner.

The potential repercussions are that hundreds of thousands of people may have been denied or underpaid compensation based on similar underestimates of other spills.

Pipelines in very poor condition – and Shell knew it

The court documents also show for the first time that Shell knew for years that its oil pipelines were in very poor condition and likely to leak. The court papers include an internal memo by Shell based on a 2002 study that states:

the remaining life of most of the [Shell] Oil Trunklines is more or less non-existent or short, while some sections contain major risk and hazard”. 

In another internal document dated 10 December 2009 a Shell employee warns:

[the company] is corporately exposed as the pipelines in Ogoniland have not been maintained properly or integrity assessed for over 15 years”.

In the Dutch case, Shell argued in court that spills from its pipeline in Goi could not be blamed on the company’s negligence. Shell’s lawyer pointed to the precautionary measures that Shell had taken, such as the installation of a Leak Detection System.

In part because of its reference to this system, in 2013 Shell was not held responsible for the spills in Goi. But the documents that Shell have been forced to divulge to a British court now, reveal that no Leak Detection System was in place.

Milieudefensie’s lawyer has submitted to the court in The Hague a portion of the documents that came to light via the British court. On 12 March of next year, this court will hold its first session in the appeal that Milieudefensie and the Nigerian farmers have brought against the 2013 verdict by the court in The Hague.

Shell’s toxic legacy

Shell is responsible for a toxic legacy in the Niger Delta. People are dying, sick, can’t feed themselves and have no clean water because Shell destroyed their environment by drilling for oil.

UNEP researched the destruction, publishing a report in 2011. The report concluded that Shell had not taken sufficient action to clean up and set out initial steps to rectify the damage.

Platform’s research in Ogoniland shows that Shell has still not cleaned up, almost 3 years after the UNEP report was published. Platform witnessed creeks and soil reeking of oil, in areas that Shell claims to have remediated.

Environment Advocacy Video from Media for Justice Project on Vimeo.


Communities report oil crusts on their land, rotten crops and poisoned fish. Emergency water supplies have not been delivered, forcing local residents to drink oil-polluted water.

A No Progress report by Platform and Friends of Earth Europe, Amnesty International, Environmental Rights Action and the Centre for Environment, Human Rights and Development (CEHRD) in August 2014 charted the systemic failure of the Nigerian Government and Shell to clean up horrendous oil pollution in the Niger Delta.

 


 

Action: Sign the petition to Shell’s CEO telling them to clean up oil pollution in the Niger Delta.

This article was originally published by Platform London.

 

 




387137

ECJ affirms UK’s right to clean air – the Government must act! Updated for 2026





The European Court of Justice delivered a landmark verdict today by ruling in favour of ClientEarth’s case against the UK Government for its failure to tackle air pollution.

This ground-breaking ruling, the first ever on the effect of the EU’s Air Quality Directive, puts the UK Government in “ongoing breach” of UK law.

And it means that the UK Supreme Court will be compelled to take action against the Government, with the threat of huge fines being handed out further down the line if the breach continues.

The ruling has also paved the way for future legal actions to enforce other EU targets on emissions and energy efficiency.

How did the Government get in such a mess?

The EU’s Air Quality Directive sets legal limits on air quality which member states are required to meet within a certain time frame.

Our current government is failing spectacularly to meet these targets: it has drawn up plans which show it will not meet nitrogen dioxide limits until after 2030 – 20 years after the original deadline!

This prompted environmental lawyers at ClientEarth to take our Government to court. This is embarrassing for the Government to say the least – and it’s deeply concerning that it takes an EU Court ruling for them to start taking the issue of air pollution seriously.

ClientEarth got it right when they said: “We have a legal right to breathe clean air. When the government fails in its duty to uphold that, the courts must step in.

“If the government were allowed to stick with current proposals for tackling pollution, a child born today in London, Birmingham or Leeds would have to wait until after their 16th birthday before they can breathe air that meets legal limits.

“ClientEarth does not believe this is acceptable, which is why we have challenged the government through the courts for the past five years to tackle the problem urgently. The longer government is allowed to delay, the more people will die or be made seriously ill by air pollution.”

In their judgment, the panel of European judges said the Government should have planned to secure compliance with the Directive by January 2015 – 15 years earlier than it intended.

Air pollution and disease – the facts

Air pollution, primarily caused by emissions from road vehicles, is the second biggest killer in our country after smoking. According to the Healthy Air campaign, air pollution contributes to around 200,000 early deaths in the UK each year.

Cars, lorries, vans and buses emit large amounts of air pollution directly into the streets where we live and work. With more vehicles on the road than ever, this is creating significant problems. In densely populated areas like London the impacts are exacerbated.

Burning fuels in boilers and power stations is another source of air pollution. Heating boilers, power generation, and industry burning coal, oil, wood, petrol, diesel and natural gas – energy sources which we are very reliant on, are all significant sources of pollution.

I also remain concerned about the impact of aviation on air pollution – particularly with proposals for a new runway at either Heathrow or Gatwick.

Air pollution is an invisible public health crisis. Long term exposure to air pollution is associated with heart and lung disease. Diesel fumes are the main source of nitrogen dioxide (NO2) – a harmful gas linked with heart attacks and asthma and the gas that this court case rests on.

Children can be particularly vulnerable to the impacts. Research has shown that children growing up near motorways can suffer permanently reduced lung capacity. This may also be the case for people living nearby to other high polluting industries such as airports.

Even those who live and work in areas with clean air can have their health affected when they visit a polluted area as short term exposure to air pollution can irritate our airways, causing wheezing and shortness of breath. This is particularly a problem for those with existing respiratory conditions, such as asthma.

What happens next?

The growing problem of air pollution isn’t going to go away. As the Green MEP for South East England, an area widely affected by poor air quality, I believe this issue needs to be tackled at every level of Government, from local councils to Westminster.

For that to happen the Government must wake up to the reality of air pollution. Clean air is one of the fundamental things we need in order to enjoy good health and a good quality of life.

The judgment is also good news for the rest of Europe. As ClientEarth points out, today’s judgment sets a “groundbreaking legal precedent in EU law” – one that will paves the way for other legal challenges across the EU. ClientEarth has promised to “spearhead these efforts to help people defend their right to clean air in court.”

The legal case will return to the UK Supreme Court for a final ruling in 2015, for judges to apply the ECJ’s ruling to the facts in the UK case, following the judges order that

“it is for the national court having jurisdiction, should a case be brought before it, to take, with regard to the national authority, any necessary measure, such as an order in the appropriate terms, so that the authority establishes the plan required by the directive in accordance with the conditions laid down by the latter.”

In other words the UK Supreme Court is required to order the government to draw up a new plan to meet limits in a much shorter timeframe. But the Government should not wait until it is ordered – it should draw up and implement urgent plans immediately to drastically cut pollution from diesel vehicles and bring itself within the law.

In my opinion, dirty diesel-burning HGVs, buses and trains in particular should be a first priority for emissions reductions, with urban buses switching to ‘hybrid’ and purely electric technologies.

There’s also a case for ‘grounding’ all non-essential diesel vehicles at times of high air pollution. And the Green Party believes that London’s plans for an ‘ultra low emission zone‘ should be rolled out nationally.

But we must also address the deeper causes – which means investing much more in sustainable transport methods such as cycling and walking, and the shift from cars to public transport to reduce overall traffic levels. The public must also be properly warned of the risks, and how to reduce exposure.

There’s lots to do – and it’s high time for the Government to stop prevaricating, wake up and get on with the job!

 


 

Keith Taylor is the Green MEP for South East England.

Website: keithtaylormep.org.uk.

 

 




380987

ECJ affirms UK’s right to clean air – the Government must act! Updated for 2026





The European Court of Justice delivered a landmark verdict today by ruling in favour of ClientEarth’s case against the UK Government for its failure to tackle air pollution.

This ground-breaking ruling, the first ever on the effect of the EU’s Air Quality Directive, puts the UK Government in “ongoing breach” of UK law.

And it means that the UK Supreme Court will be compelled to take action against the Government, with the threat of huge fines being handed out further down the line if the breach continues.

The ruling has also paved the way for future legal actions to enforce other EU targets on emissions and energy efficiency.

How did the Government get in such a mess?

The EU’s Air Quality Directive sets legal limits on air quality which member states are required to meet within a certain time frame.

Our current government is failing spectacularly to meet these targets: it has drawn up plans which show it will not meet nitrogen dioxide limits until after 2030 – 20 years after the original deadline!

This prompted environmental lawyers at ClientEarth to take our Government to court. This is embarrassing for the Government to say the least – and it’s deeply concerning that it takes an EU Court ruling for them to start taking the issue of air pollution seriously.

ClientEarth got it right when they said: “We have a legal right to breathe clean air. When the government fails in its duty to uphold that, the courts must step in.

“If the government were allowed to stick with current proposals for tackling pollution, a child born today in London, Birmingham or Leeds would have to wait until after their 16th birthday before they can breathe air that meets legal limits.

“ClientEarth does not believe this is acceptable, which is why we have challenged the government through the courts for the past five years to tackle the problem urgently. The longer government is allowed to delay, the more people will die or be made seriously ill by air pollution.”

In their judgment, the panel of European judges said the Government should have planned to secure compliance with the Directive by January 2015 – 15 years earlier than it intended.

Air pollution and disease – the facts

Air pollution, primarily caused by emissions from road vehicles, is the second biggest killer in our country after smoking. According to the Healthy Air campaign, air pollution contributes to around 200,000 early deaths in the UK each year.

Cars, lorries, vans and buses emit large amounts of air pollution directly into the streets where we live and work. With more vehicles on the road than ever, this is creating significant problems. In densely populated areas like London the impacts are exacerbated.

Burning fuels in boilers and power stations is another source of air pollution. Heating boilers, power generation, and industry burning coal, oil, wood, petrol, diesel and natural gas – energy sources which we are very reliant on, are all significant sources of pollution.

I also remain concerned about the impact of aviation on air pollution – particularly with proposals for a new runway at either Heathrow or Gatwick.

Air pollution is an invisible public health crisis. Long term exposure to air pollution is associated with heart and lung disease. Diesel fumes are the main source of nitrogen dioxide (NO2) – a harmful gas linked with heart attacks and asthma and the gas that this court case rests on.

Children can be particularly vulnerable to the impacts. Research has shown that children growing up near motorways can suffer permanently reduced lung capacity. This may also be the case for people living nearby to other high polluting industries such as airports.

Even those who live and work in areas with clean air can have their health affected when they visit a polluted area as short term exposure to air pollution can irritate our airways, causing wheezing and shortness of breath. This is particularly a problem for those with existing respiratory conditions, such as asthma.

What happens next?

The growing problem of air pollution isn’t going to go away. As the Green MEP for South East England, an area widely affected by poor air quality, I believe this issue needs to be tackled at every level of Government, from local councils to Westminster.

For that to happen the Government must wake up to the reality of air pollution. Clean air is one of the fundamental things we need in order to enjoy good health and a good quality of life.

The judgment is also good news for the rest of Europe. As ClientEarth points out, today’s judgment sets a “groundbreaking legal precedent in EU law” – one that will paves the way for other legal challenges across the EU. ClientEarth has promised to “spearhead these efforts to help people defend their right to clean air in court.”

The legal case will return to the UK Supreme Court for a final ruling in 2015, for judges to apply the ECJ’s ruling to the facts in the UK case, following the judges order that

“it is for the national court having jurisdiction, should a case be brought before it, to take, with regard to the national authority, any necessary measure, such as an order in the appropriate terms, so that the authority establishes the plan required by the directive in accordance with the conditions laid down by the latter.”

In other words the UK Supreme Court is required to order the government to draw up a new plan to meet limits in a much shorter timeframe. But the Government should not wait until it is ordered – it should draw up and implement urgent plans immediately to drastically cut pollution from diesel vehicles and bring itself within the law.

In my opinion, dirty diesel-burning HGVs, buses and trains in particular should be a first priority for emissions reductions, with urban buses switching to ‘hybrid’ and purely electric technologies.

There’s also a case for ‘grounding’ all non-essential diesel vehicles at times of high air pollution. And the Green Party believes that London’s plans for an ‘ultra low emission zone‘ should be rolled out nationally.

But we must also address the deeper causes – which means investing much more in sustainable transport methods such as cycling and walking, and the shift from cars to public transport to reduce overall traffic levels. The public must also be properly warned of the risks, and how to reduce exposure.

There’s lots to do – and it’s high time for the Government to stop prevaricating, wake up and get on with the job!

 


 

Keith Taylor is the Green MEP for South East England.

Website: keithtaylormep.org.uk.

 

 




380987

ECJ affirms UK’s right to clean air – the Government must act! Updated for 2026





The European Court of Justice delivered a landmark verdict today by ruling in favour of ClientEarth’s case against the UK Government for its failure to tackle air pollution.

This ground-breaking ruling, the first ever on the effect of the EU’s Air Quality Directive, puts the UK Government in “ongoing breach” of UK law.

And it means that the UK Supreme Court will be compelled to take action against the Government, with the threat of huge fines being handed out further down the line if the breach continues.

The ruling has also paved the way for future legal actions to enforce other EU targets on emissions and energy efficiency.

How did the Government get in such a mess?

The EU’s Air Quality Directive sets legal limits on air quality which member states are required to meet within a certain time frame.

Our current government is failing spectacularly to meet these targets: it has drawn up plans which show it will not meet nitrogen dioxide limits until after 2030 – 20 years after the original deadline!

This prompted environmental lawyers at ClientEarth to take our Government to court. This is embarrassing for the Government to say the least – and it’s deeply concerning that it takes an EU Court ruling for them to start taking the issue of air pollution seriously.

ClientEarth got it right when they said: “We have a legal right to breathe clean air. When the government fails in its duty to uphold that, the courts must step in.

“If the government were allowed to stick with current proposals for tackling pollution, a child born today in London, Birmingham or Leeds would have to wait until after their 16th birthday before they can breathe air that meets legal limits.

“ClientEarth does not believe this is acceptable, which is why we have challenged the government through the courts for the past five years to tackle the problem urgently. The longer government is allowed to delay, the more people will die or be made seriously ill by air pollution.”

In their judgment, the panel of European judges said the Government should have planned to secure compliance with the Directive by January 2015 – 15 years earlier than it intended.

Air pollution and disease – the facts

Air pollution, primarily caused by emissions from road vehicles, is the second biggest killer in our country after smoking. According to the Healthy Air campaign, air pollution contributes to around 200,000 early deaths in the UK each year.

Cars, lorries, vans and buses emit large amounts of air pollution directly into the streets where we live and work. With more vehicles on the road than ever, this is creating significant problems. In densely populated areas like London the impacts are exacerbated.

Burning fuels in boilers and power stations is another source of air pollution. Heating boilers, power generation, and industry burning coal, oil, wood, petrol, diesel and natural gas – energy sources which we are very reliant on, are all significant sources of pollution.

I also remain concerned about the impact of aviation on air pollution – particularly with proposals for a new runway at either Heathrow or Gatwick.

Air pollution is an invisible public health crisis. Long term exposure to air pollution is associated with heart and lung disease. Diesel fumes are the main source of nitrogen dioxide (NO2) – a harmful gas linked with heart attacks and asthma and the gas that this court case rests on.

Children can be particularly vulnerable to the impacts. Research has shown that children growing up near motorways can suffer permanently reduced lung capacity. This may also be the case for people living nearby to other high polluting industries such as airports.

Even those who live and work in areas with clean air can have their health affected when they visit a polluted area as short term exposure to air pollution can irritate our airways, causing wheezing and shortness of breath. This is particularly a problem for those with existing respiratory conditions, such as asthma.

What happens next?

The growing problem of air pollution isn’t going to go away. As the Green MEP for South East England, an area widely affected by poor air quality, I believe this issue needs to be tackled at every level of Government, from local councils to Westminster.

For that to happen the Government must wake up to the reality of air pollution. Clean air is one of the fundamental things we need in order to enjoy good health and a good quality of life.

The judgment is also good news for the rest of Europe. As ClientEarth points out, today’s judgment sets a “groundbreaking legal precedent in EU law” – one that will paves the way for other legal challenges across the EU. ClientEarth has promised to “spearhead these efforts to help people defend their right to clean air in court.”

The legal case will return to the UK Supreme Court for a final ruling in 2015, for judges to apply the ECJ’s ruling to the facts in the UK case, following the judges order that

“it is for the national court having jurisdiction, should a case be brought before it, to take, with regard to the national authority, any necessary measure, such as an order in the appropriate terms, so that the authority establishes the plan required by the directive in accordance with the conditions laid down by the latter.”

In other words the UK Supreme Court is required to order the government to draw up a new plan to meet limits in a much shorter timeframe. But the Government should not wait until it is ordered – it should draw up and implement urgent plans immediately to drastically cut pollution from diesel vehicles and bring itself within the law.

In my opinion, dirty diesel-burning HGVs, buses and trains in particular should be a first priority for emissions reductions, with urban buses switching to ‘hybrid’ and purely electric technologies.

There’s also a case for ‘grounding’ all non-essential diesel vehicles at times of high air pollution. And the Green Party believes that London’s plans for an ‘ultra low emission zone‘ should be rolled out nationally.

But we must also address the deeper causes – which means investing much more in sustainable transport methods such as cycling and walking, and the shift from cars to public transport to reduce overall traffic levels. The public must also be properly warned of the risks, and how to reduce exposure.

There’s lots to do – and it’s high time for the Government to stop prevaricating, wake up and get on with the job!

 


 

Keith Taylor is the Green MEP for South East England.

Website: keithtaylormep.org.uk.

 

 




380987

ECJ affirms UK’s right to clean air – the Government must act! Updated for 2026





The European Court of Justice delivered a landmark verdict today by ruling in favour of ClientEarth’s case against the UK Government for its failure to tackle air pollution.

This ground-breaking ruling, the first ever on the effect of the EU’s Air Quality Directive, puts the UK Government in “ongoing breach” of UK law.

And it means that the UK Supreme Court will be compelled to take action against the Government, with the threat of huge fines being handed out further down the line if the breach continues.

The ruling has also paved the way for future legal actions to enforce other EU targets on emissions and energy efficiency.

How did the Government get in such a mess?

The EU’s Air Quality Directive sets legal limits on air quality which member states are required to meet within a certain time frame.

Our current government is failing spectacularly to meet these targets: it has drawn up plans which show it will not meet nitrogen dioxide limits until after 2030 – 20 years after the original deadline!

This prompted environmental lawyers at ClientEarth to take our Government to court. This is embarrassing for the Government to say the least – and it’s deeply concerning that it takes an EU Court ruling for them to start taking the issue of air pollution seriously.

ClientEarth got it right when they said: “We have a legal right to breathe clean air. When the government fails in its duty to uphold that, the courts must step in.

“If the government were allowed to stick with current proposals for tackling pollution, a child born today in London, Birmingham or Leeds would have to wait until after their 16th birthday before they can breathe air that meets legal limits.

“ClientEarth does not believe this is acceptable, which is why we have challenged the government through the courts for the past five years to tackle the problem urgently. The longer government is allowed to delay, the more people will die or be made seriously ill by air pollution.”

In their judgment, the panel of European judges said the Government should have planned to secure compliance with the Directive by January 2015 – 15 years earlier than it intended.

Air pollution and disease – the facts

Air pollution, primarily caused by emissions from road vehicles, is the second biggest killer in our country after smoking. According to the Healthy Air campaign, air pollution contributes to around 200,000 early deaths in the UK each year.

Cars, lorries, vans and buses emit large amounts of air pollution directly into the streets where we live and work. With more vehicles on the road than ever, this is creating significant problems. In densely populated areas like London the impacts are exacerbated.

Burning fuels in boilers and power stations is another source of air pollution. Heating boilers, power generation, and industry burning coal, oil, wood, petrol, diesel and natural gas – energy sources which we are very reliant on, are all significant sources of pollution.

I also remain concerned about the impact of aviation on air pollution – particularly with proposals for a new runway at either Heathrow or Gatwick.

Air pollution is an invisible public health crisis. Long term exposure to air pollution is associated with heart and lung disease. Diesel fumes are the main source of nitrogen dioxide (NO2) – a harmful gas linked with heart attacks and asthma and the gas that this court case rests on.

Children can be particularly vulnerable to the impacts. Research has shown that children growing up near motorways can suffer permanently reduced lung capacity. This may also be the case for people living nearby to other high polluting industries such as airports.

Even those who live and work in areas with clean air can have their health affected when they visit a polluted area as short term exposure to air pollution can irritate our airways, causing wheezing and shortness of breath. This is particularly a problem for those with existing respiratory conditions, such as asthma.

What happens next?

The growing problem of air pollution isn’t going to go away. As the Green MEP for South East England, an area widely affected by poor air quality, I believe this issue needs to be tackled at every level of Government, from local councils to Westminster.

For that to happen the Government must wake up to the reality of air pollution. Clean air is one of the fundamental things we need in order to enjoy good health and a good quality of life.

The judgment is also good news for the rest of Europe. As ClientEarth points out, today’s judgment sets a “groundbreaking legal precedent in EU law” – one that will paves the way for other legal challenges across the EU. ClientEarth has promised to “spearhead these efforts to help people defend their right to clean air in court.”

The legal case will return to the UK Supreme Court for a final ruling in 2015, for judges to apply the ECJ’s ruling to the facts in the UK case, following the judges order that

“it is for the national court having jurisdiction, should a case be brought before it, to take, with regard to the national authority, any necessary measure, such as an order in the appropriate terms, so that the authority establishes the plan required by the directive in accordance with the conditions laid down by the latter.”

In other words the UK Supreme Court is required to order the government to draw up a new plan to meet limits in a much shorter timeframe. But the Government should not wait until it is ordered – it should draw up and implement urgent plans immediately to drastically cut pollution from diesel vehicles and bring itself within the law.

In my opinion, dirty diesel-burning HGVs, buses and trains in particular should be a first priority for emissions reductions, with urban buses switching to ‘hybrid’ and purely electric technologies.

There’s also a case for ‘grounding’ all non-essential diesel vehicles at times of high air pollution. And the Green Party believes that London’s plans for an ‘ultra low emission zone‘ should be rolled out nationally.

But we must also address the deeper causes – which means investing much more in sustainable transport methods such as cycling and walking, and the shift from cars to public transport to reduce overall traffic levels. The public must also be properly warned of the risks, and how to reduce exposure.

There’s lots to do – and it’s high time for the Government to stop prevaricating, wake up and get on with the job!

 


 

Keith Taylor is the Green MEP for South East England.

Website: keithtaylormep.org.uk.

 

 




380987

ECJ affirms UK’s right to clean air – the Government must act! Updated for 2026





The European Court of Justice delivered a landmark verdict today by ruling in favour of ClientEarth’s case against the UK Government for its failure to tackle air pollution.

This ground-breaking ruling, the first ever on the effect of the EU’s Air Quality Directive, puts the UK Government in “ongoing breach” of UK law.

And it means that the UK Supreme Court will be compelled to take action against the Government, with the threat of huge fines being handed out further down the line if the breach continues.

The ruling has also paved the way for future legal actions to enforce other EU targets on emissions and energy efficiency.

How did the Government get in such a mess?

The EU’s Air Quality Directive sets legal limits on air quality which member states are required to meet within a certain time frame.

Our current government is failing spectacularly to meet these targets: it has drawn up plans which show it will not meet nitrogen dioxide limits until after 2030 – 20 years after the original deadline!

This prompted environmental lawyers at ClientEarth to take our Government to court. This is embarrassing for the Government to say the least – and it’s deeply concerning that it takes an EU Court ruling for them to start taking the issue of air pollution seriously.

ClientEarth got it right when they said: “We have a legal right to breathe clean air. When the government fails in its duty to uphold that, the courts must step in.

“If the government were allowed to stick with current proposals for tackling pollution, a child born today in London, Birmingham or Leeds would have to wait until after their 16th birthday before they can breathe air that meets legal limits.

“ClientEarth does not believe this is acceptable, which is why we have challenged the government through the courts for the past five years to tackle the problem urgently. The longer government is allowed to delay, the more people will die or be made seriously ill by air pollution.”

In their judgment, the panel of European judges said the Government should have planned to secure compliance with the Directive by January 2015 – 15 years earlier than it intended.

Air pollution and disease – the facts

Air pollution, primarily caused by emissions from road vehicles, is the second biggest killer in our country after smoking. According to the Healthy Air campaign, air pollution contributes to around 200,000 early deaths in the UK each year.

Cars, lorries, vans and buses emit large amounts of air pollution directly into the streets where we live and work. With more vehicles on the road than ever, this is creating significant problems. In densely populated areas like London the impacts are exacerbated.

Burning fuels in boilers and power stations is another source of air pollution. Heating boilers, power generation, and industry burning coal, oil, wood, petrol, diesel and natural gas – energy sources which we are very reliant on, are all significant sources of pollution.

I also remain concerned about the impact of aviation on air pollution – particularly with proposals for a new runway at either Heathrow or Gatwick.

Air pollution is an invisible public health crisis. Long term exposure to air pollution is associated with heart and lung disease. Diesel fumes are the main source of nitrogen dioxide (NO2) – a harmful gas linked with heart attacks and asthma and the gas that this court case rests on.

Children can be particularly vulnerable to the impacts. Research has shown that children growing up near motorways can suffer permanently reduced lung capacity. This may also be the case for people living nearby to other high polluting industries such as airports.

Even those who live and work in areas with clean air can have their health affected when they visit a polluted area as short term exposure to air pollution can irritate our airways, causing wheezing and shortness of breath. This is particularly a problem for those with existing respiratory conditions, such as asthma.

What happens next?

The growing problem of air pollution isn’t going to go away. As the Green MEP for South East England, an area widely affected by poor air quality, I believe this issue needs to be tackled at every level of Government, from local councils to Westminster.

For that to happen the Government must wake up to the reality of air pollution. Clean air is one of the fundamental things we need in order to enjoy good health and a good quality of life.

The judgment is also good news for the rest of Europe. As ClientEarth points out, today’s judgment sets a “groundbreaking legal precedent in EU law” – one that will paves the way for other legal challenges across the EU. ClientEarth has promised to “spearhead these efforts to help people defend their right to clean air in court.”

The legal case will return to the UK Supreme Court for a final ruling in 2015, for judges to apply the ECJ’s ruling to the facts in the UK case, following the judges order that

“it is for the national court having jurisdiction, should a case be brought before it, to take, with regard to the national authority, any necessary measure, such as an order in the appropriate terms, so that the authority establishes the plan required by the directive in accordance with the conditions laid down by the latter.”

In other words the UK Supreme Court is required to order the government to draw up a new plan to meet limits in a much shorter timeframe. But the Government should not wait until it is ordered – it should draw up and implement urgent plans immediately to drastically cut pollution from diesel vehicles and bring itself within the law.

In my opinion, dirty diesel-burning HGVs, buses and trains in particular should be a first priority for emissions reductions, with urban buses switching to ‘hybrid’ and purely electric technologies.

There’s also a case for ‘grounding’ all non-essential diesel vehicles at times of high air pollution. And the Green Party believes that London’s plans for an ‘ultra low emission zone‘ should be rolled out nationally.

But we must also address the deeper causes – which means investing much more in sustainable transport methods such as cycling and walking, and the shift from cars to public transport to reduce overall traffic levels. The public must also be properly warned of the risks, and how to reduce exposure.

There’s lots to do – and it’s high time for the Government to stop prevaricating, wake up and get on with the job!

 


 

Keith Taylor is the Green MEP for South East England.

Website: keithtaylormep.org.uk.

 

 




380987