UK Spreme Court may force government to follow EU pollution law

[pampango]

UK may be on verge of new pollution law, with case regarding obligations to EU being heard by lords on Thursday

The supreme court could force the government to take steps to urgently reduce dangerous air pollution in many British cities to meet European limits, following a landmark hearing this week.

ClientEarth, a group of campaigning lawyers that has brought the case, will say that the government has a legal duty to comply with EU timescales and its plans to reduce pollution are woefully inadequate.

It will say that the government has known that air pollution from nitrogen dioxide (NO2) and particulates now kill as many people each year in Britain as obesity and road accidents combined. The EU legislation was passed into European law in 1999 and Britain should have complied by 2010. However, it has refused even to apply for an extension until January 2015.

Government lawyers are expected to argue that Britain is under no legal obligation to meet air pollution time limits set by Brussels and that it is impossible to meet the targets.

http://www.guardian.co.uk/environment/2013/mar/07/supreme-court-air-pollution-legislation

Interesting case pitting the 'national sovereignty right' not to comply with regulations passed by international organization to which the country voluntarily joined versus the international organization's ability to force countries to comply with regulations that the body has adopted.

In this case the court is a British one, not an international one. It will be interesting to see how the court rules. While this case revolves around the UK's responsibility to comply with pollution laws adopted by the EU, the principle could be applied to other areas as well.