Following a reference to the CJEU, the UK Supreme Court has quashed the Government’s air quality plans for London and other urban areas and ordered production of new and improved plans by the end of the year. The Court held “the new Government, whatever its political complexion, should be left in no doubt as to the need for immediate action to address this issue.” The Court rejected Defra’s submission and the view of the lower courts that it could not act because of the economic effects of a mandatory order. The case has now been remitted to the Administrative Court to supervise the production of the new plans.
The full judgment can be read here: https://www.supremecourt.uk/decided-cases/docs/UKSC_2012_0179_Judgment.pdf
Ben Jaffey acted for ClientEarth in the Supreme Court.
Dinah Rose QC and Emma Dixon acted for ClientEarth in the reference to the CJEU.