R (on the application of ClientEarth) v Secretary of State for the Environment
[2015] UKSC 28
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.
Fakty
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.
Podsumowanie orzeczenia
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.
Kluczowe cytaty
"The way is now open for the government to produce plans which will achieve compliance with the Directive as soon as possible."
— Lord Carnwath
Późniejsze zastosowanie
Led to revised Clean Air Strategy and the Environment Act 2021. ClientEarth continued subsequent successful actions on air quality compliance.