One case centres on the UK’s failure to bring nitrogen dioxide pollution, much of which comes from diesel vehicles, within legal levels. The UK was referred to the European Court of Justice (CJEU) – Europe’s highest court – two years ago, but the court is yet to rule and lawyers at ClientEarth, who brought similar cases against the government, have raised concerns that it will not progress further to the stage where it could be heavily fined.

Their clean air lawyer Katie Nield told Unearthed: “The UK has been failing for ten years to comply with its obligations under air quality law derived from EU regulations. The fact that this could ultimately go unpunished by regulators is deeply worrying”.

Another case already in the courts relates to a failure to protect sites for harbour porpoises. A report from 2019 found that over 1,000 had died in a year, often from fishing nets. The UK has been ordered to create more conservation zones – but it is not clear if this will be enforced.

The three other cases that have already been referred to the CJEU are:

A case originally from 2003 about sewage spills from facilities in London and Whitburn. The CJEU had already ruled that the UK had broken the law and the UK is now awaiting another court date, where heavy fines could be imposed.

A case from 2013 that accuses the UK of sewage spills or inadequate treatment of sewage in 17 locations

A 2010 case regarding public access to justice and decision-making on environmental issues

Peat burning



However it is the cases at an earlier stage of development which are least likely to be pursued. An EU source told Unearthed that the Commission always tries to resolve cases before taking them to the court.

One of those concerns the burning of peat bogs on protected areas in Northern England. It was originally brought by the RSPB and Yorkshire group Ban the Burn, in part because of concerns that the practice exacerbates local flooding.The bogs are globally rare and can store huge amounts of carbon, help to prevent wildfires and reduce air and water pollution but moorland owners burn them to support grouse shooting.

These cases are the first test of whether environmental standards are to be maintained in the UK or whether the government is already seeking to escape enforcement action

Since the Commission launched its case in 2016, the government has been in discussion with estates to encourage them to cut the practice and had pledged to introduce legislation to ban it, but efforts seem to have stalled. Documents obtained through freedom of information laws revealed last week that grouse moor owners have threatened the government with legal action over the ban.

The RSPB’s head of casework Andrew Dodd told Unearthed: “The Commission’s role in this case has been absolutely central in getting the government to look at this issue and to commit to bringing in a legal change to end burning, now that a voluntary approach has not succeeded. But this was promised 2 to 3 years ago and the UK government hasn’t yet taken this vital last step so it remains a risk that if the European Commission doesn’t continue to act because of Brexit, the government may not honour its commitment to conserve the UK’s peatlands.”