R (on the application of ClientEarth) v Secretary of State for the Environment
[2015] UKSC 28
Independent editorial summary — not the official judgment. Read the full judgment via the source link.
Ratio Decidendi
The Supreme Court ordered the UK government to produce new air quality plans to comply with EU nitrogen dioxide limits. The government's failure to meet binding air quality limits was unlawful and the court could mandate the production of compliant plans.
Facts
ClientEarth, an environmental law charity, brought judicial review proceedings against the Secretary of State for the Environment, Food and Rural Affairs. The UK had breached EU air quality limits for nitrogen dioxide (NO2) in 16 of 43 air quality zones since 2010. The government's air quality plan projected that limits would not be met until 2025 in some zones. ClientEarth argued the plan was inadequate.
Judgment Summary
The Supreme Court unanimously held that the government was in breach of its obligation to produce a plan achieving compliance with NO2 limits in the shortest possible time. The court ordered the Secretary of State to prepare new air quality plans for consultation by 31 December 2015. This was a rare mandatory order against a government minister.
Key Quotes
"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 only realistic way to achieve this is a mandatory order requiring new plans complying with article 23(1) to be prepared within a defined timetable."
— Lord Carnwath at [31](verbatim, verified against the judgment)
Subsequent Treatment
Led to revised Clean Air Strategy and the Environment Act 2021. ClientEarth continued subsequent successful actions on air quality compliance.
What To Do Next
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