Air pollution will continue to take a heavy toll on people’s health for many years to come unless the UK government is forced once again to improve its action plan, the high court has been told.



Ministers have already had two previous plans declared illegal but environmental lawyers ClientEarth argue that even the latest plan fails to cut widespread illegal levels of pollution in the “shortest possible time”, as required by EU law.

Nathalie Lieven QC told the court: “On [the Department for Environment, Food and Rural Affairs’] own assessment there continues to be a very significant impact on human health for many years into the future.” The barrister said that pollution will not fall below legal limits until 2028 in London and 2021 in most other urban areas.

The judge hearing the case on Thursday, Mr Justice Garnham, sharply criticised the government when ruling against ministers in a previous case: “The continued failure of the government to comply with directives and regulations constitutes a significant threat to public health.” The government has already spent £370,000 of taxpayers’ money in failed attempts to fight air pollution court action.

Nitrogen dioxide pollution, mostly produced by diesel vehicles, has been illegally high in most urban parts of Britain since 2010. The government’s latest plan, produced in July, was condemned as “woefully inadequate” by city leaders and “inexcusable” by doctors.

In September, the UN’s special rapporteur on pollution said the government was “flouting” its duty to protect the lives and health of its citizens and the problem was declared a public health emergency by a cross-party committee of MPs in April 2016.

ClientEarth argues that the latest plan backtracks on “clean air zones” in Birmingham, Derby, Leeds, Nottingham and Southampton. These zones would use charges to deter polluting vehicles from city centres and were mandatory in previous plans, but are now only “expected” to be implemented. ClientEarth also say it is unacceptable that the plan requires no action in 45 polluted local authorities including Leicester, Oxford, Liverpool, Cheltenham and Sunderland.

The government’s own analysis shows charging zones to deter dirty cars are by far the most effective policy, but ministers have told councils they should only be the option of last resort.

However, Kassie Smith QC, representing the environment secretary Michael Gove, said the complaints about the government plans are “misconceived”, as work was being undertaken to improve air quality in England.

She also said new measures could not be introduced in time to accelerate the government’s compliance with the legal limits. Justice Garnham’s verdict will be issued in the coming weeks.

Jenny Bates, at Friends of the Earth, said: “It’s time for the government to stop dragging its feet and commit to the urgent action needed [including] improving public transport.”

Earlier on Thursday in parliament, Sue Hayman, Labour’s shadow environment, asked Gove: “Just how critical does the situation have to get before the government finally starts to comply with the high court rulings?”

The Welsh government was also being sued by ClientEarth, but it conceded at the start of the hearing that its plans were inadequate and agreed to a “consent order”, which means they will work with ClientEarth to improve the plan.