Tag Archives: right

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

San Francisco declares: every whale and dolphin has the right to be free Updated for 2026





It was a day like any other at City Hall. Smartly dressed people darted in and out of offices, faint wafts of coffee trailing behind them in invisible tendrils.

San Francisco Animal Welfare and Control Commissioner Russell Tenofsky and I strode purposefully down the marbled floors, our footsteps echoing off the corridors where so many important and progressive decisions have been made before.

Today would be no exception, aside from the fact that the beneficiaries of this decision would not be humans.

The Cetacean Free and Safe Passage resolution, on the agenda for the San Francisco Board of Supervisors meeting on 21st October, is a simple enough-looking document.

Backed by Supervisor Scott Wiener and sponsored by the International Marine Mammal Project of Earth Island Institute, it outlines the ills of captivity and states that these magnificent beings ought to be protected in their environment, and resolves: 

“That the City and County of San Francisco supports the free and safe passage of all whales and dolphins in our coastal waters, including the Pacific Ocean, the San Francisco Bay, and its estuaries.”

‘Every whale and dolphin has the right to be free’

But the sentence at the very end of the document has the greatest significance, helping to shape our collective shift in morality that is already underway around the world:

“Be it further resolved that every whale and dolphin has the right to be free of captivity, and to remain unrestricted in their natural environment.”

We entered the muted chaos of the meeting room and took our seats on the hard wooden benches facing the Supervisors, who had been working their way down the long list of agenda items, inching closer to the resolution that we had come to give comments on. A glance up at the ornately carved ceiling reminded me once more of the gravity of the decisions discussed in this room.

Russell and I were representing local and national organizations, prominent scientists, and hundreds of high school students who’d written supportive letters to the Supervisors. I’d read over these letters several times, never ceasing to be inspired by their words.

“As a citizen of the United States, I am free, and as a citizen of the oceans, why can’t they be free?” asks one. “Is our amusement really more important than a dolphin’s life?”

The kids get it. But would the Supervisors?

Finally, the resolution was tabled. Supervisor Wiener stood and remarked on how powerful it is when students organize and participate in the political process, encouraging them to continue. Without much more ceremony, the resolution was unanimously passed.

The significance of stating that cetaceans have the rights to be free and to not be held in captivity cannot be understated, as it reflects a growing understanding that we humans ought to begin including other species into our calculations of what is fair and morally right.

At a time when nonhumans are still considered property, any statements indicating their right not be considered so is profound.

It might be hard to believe that granting cetaceans the right to their freedom will improve our human lives. Your mind might leap to those deemed more worthy of consideration – the trafficked child; the forgotten homeless; the hungry family. These are all serious problems, with their roots planted somewhere in the spectrum of inequality.

Freedom for one is freedom for all

However, by attempting to create a more just world for those who have arguably suffered just as much as any human, we indeed help ourselves. Abraham Lincoln once said, “In giving freedom to the slave, we assure freedom to the free.” Freedom for one is freedom for all.

When a young child is brought to amusement parks like SeaWorld and exposed to the exploitation of sentient beings, those values can become entrenched within her, to be unconsciously perpetuated in myriad ways.

It is not her fault – she, like all of us, has been exposed to a value system that may have worked at one time, but that our own science has now proven as being wrong, outdated and harmful.

Thus it behooves each of us to reexamine our perceptions of and indeed, all nonhuman life. Through rigorous scientific inquiry, we now know that cetaceans are self-aware, sensitive beings, and deserve to be considered so much more than our property.

The San Francisco Board of Supervisors, at least, agrees. They answered the question of whether our society should continue to mend its ways and recognize cetacean’s right to freedom with a resounding YES – one that will be heard throughout the nation and beyond.

I would expect nothing less from a city that has, time and again, paved the way for the rest of the world and is named in honor of the patron saint of animals, St. Francis.

While we now celebrate this small but significant victory, there remains much to be done. This work needs to be done within each one of us. After all, it is we who must change, we who must learn to coexist with others on this planet.

Cetaceans have figured this out millions of years ago. We can learn a thing or two from them.

 


 

Laura Bridgeman is Campaign & Communication Specialist with the International Marine Mammal Project.

 

 




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