W6 - Air Pollution Flashcards
(9 cards)
What are the 4 challenges in regulating air pollution and what regulations aim to tackle them
1) Complexity, air pollution comes from many different sources. Technical standards (catalytic convertors) and emissions standards (limits) tackle this at the source and national level.
2) Air pollution as a hidden problem and levels change. Monitor and assess air quality
3) Localised nature of air wuality, quality can differ greatly depending on area. Clean air zones eg ULEZ as an example of a localised approach
4) Transboundary nature requires international cooperation, air pollution goes beyond borders. International cooperation such as LRTAP
Give an overview of the Trail Smelter case and how it impacted air pollution law, including what principles were used.
First international legal case regarding transboundary pollution, landmark case where the no harm principle was first applied internationally.
Smelting plant in Canada near the border was emitting sulphur dioxide caused damage to crops in Washington, USA
Resulted in Canada being found liable for damage.
What is the Long Range Transboundary Air Pollution Convention (LRTAP)? Where does it cover, what are the aims/obligations and how strength of regulation has changed over time. Has it been effective?
Regional scope of mainly Europe and N. America, membership limited to UNECE region.
Aim - Limiting and preventing long range transboundary air pollution, long range meaning it’s hard to figure out the specific source
Doesn’t establish liability, but has due diligence obligations.
Regulation has become both more flexible and more strong over time. Good compliance, but Eastern European states don’t always participate. Targets are too lenient for developed countries but too costly for economies that are transitioning
Give an overview on the Ambient Air Quality Directive, including when it was most recently revised, how it assesses and manages air quality, and how it gives justice to the people
Main EU law that deals with quality of air. Revised 2024, covering many pollutants.
Assessment - divides into zones/agglomerations to measure air quality
Management - If limit values are exceeded, must implement an air quality plan and cooperate with other country if issue is transboundary.
Different thresholds to protect health.
If quality standards not met, right to go to court and claim compensation if harmed.
How was air quality changed? Have environmental standards been met in the EU? Are there still issues?
Improvement, but still 300k early deaths/year due to PM.
Lots of flexibility in implementation but still challenging to meeting environmental standards, evidenced by many countries like Italy asking for an extension to the compliance deadline. Most states do not comply with the standards and are not taking enough action to do so. The states argue the targets are too strict to comply with.
Give an overview of the Commissions vs Italy case regarding the Ambient air quality directive, what was the result.
Commission did not approve Italy a compliance extension. Italy argued it was complex, they had insufficient technical knowledge and would require difficult economic and social changes.
CJEU held those factors could justify a temporary failure but not a systemic one.
What directive does the UK use, is it effective, if not, why not, give an overview of a case that shows this
AAQD transposed into UK law, but significant compliance problems so not effective.
Case: ClientEarth vs SoS 2015 @ Supreme Court
NGO bought failure to apply for time extensions to adopt plans to bring areas into compliant levels.
Supreme court agreed and held UK government in breach, had been so for 5 years so given court order to prepare new air quality plans. Government did so but was brought back to court several times, found unlawful again.
What is the Prevention of future deaths report in the UK? What did the coroner call on the government to do, and how did the government respond?
Air pollution from traffic listed as cause of death for young girl.
Coroner called on government to set legally binding targets on air pollution that are even higher than WHO guidelines and to give the public more awareness to reduce personal exposure
Government developed new legal targets for PM2.5 via Environment Act 2021, and said they would increase public awareness, but did nothing about N02
