Environmental law firm Client Earth has failed in an attempt to hold the Government to account over its latest draft air quality plan – but warns that the final document must show greater ambition.

 

The firm took the Department for Environment Food & Rural Affairs back to the High Court last week.

 

It claimed that the Government had not complied with the court’s previous order to produce a plan that would bring air pollution to within legal limits as soon as possible. New draft proposals were published for public consultation in May but were condemned by Client Earth as ‘inadequate’ and ‘fundamentally flawed’.

 

However High Court Judge Mr Justice Garnham dismissed the firm’s case, saying any perceived failings in the plan did not make it unlawful as it was a draft and could be subject to change. He instructed Ministers to publish their full proposals by 31 July.

 

Despite the setback Client Earth chief executive James Thornton said the case was a clear signal to the Government that it must improve on the draft plans. The final plan could well be open to legal challenge if it does not address some of the concerns laid out by Client Earth, he said.

 

“In our view, the Judge made it very clear that the Government must meet very specific criteria in order to avoid any future legal challenge. We feel this was a clear shot across the Government’s bows.”

 

Chief among the firm’s concerns is that Ministers had failed to effectively consult on Clean Air Zones, which would see certain vehicles charged to enter the most polluted parts of towns and cities. This, Client Earth claimed, is the most effective way to achieve compliance with air quality laws.

 

The High Court decision in favour of the Government came just days before it announced a £20M funding competition to help develop electric vehicles capable of returning electricity to the grid.

 

Meanwhile both the French Government and car manufacturer Volvo have announced ambitious new plans to tackle emissions and pollution in the last week. France is set to ban the sale of all petrol and diesel vehicles by 2040 while Volvo will only make fully electric or hybrid cars from 2019.