What do ClientEarth’s legal cases mean for local authority plans to deliver nitrogen dioxide compliance in England and Wales?

The document outlines the legal obligations of 38 local authorities in England and Wales to address illegal nitrogen dioxide levels. It details a three-part legal test from High Court judgments requiring plans to achieve compliance as soon as possible, reduce human exposure quickly, and ensure compliance is likely rather than just possible. It emphasizes that cost and political difficulties, including election Purdah, are not lawful reasons for delay, and that these duties persist despite Brexit.

• The High Court in ClientEarth (No.2) established a three-part legal test for air quality plans: they must aim for compliance as soon as possible, choose a route that reduces human exposure as quickly as possible, and ensure compliance is likely, not just possible.
• When selecting measures to tackle air pollution, efficacy must be the determining factor rather than cost. Cost cannot be used to justify a target date for compliance or the choice of a slower route to compliance; it can only be considered when choosing between two equally effective measures.
• Local authorities must take all available measures to reduce human exposure to nitrogen dioxide during the period of non-compliance, even if those measures do not change the final date of overall zone compliance.

APA

ClientEarth (2019). What do ClientEarth’s legal cases mean for local authority plans to deliver nitrogen dioxide compliance in England and Wales? https://www.clientearth.org/media/m1borg0p/what-do-clientearths-legal-cases-mean-for-local-authority-plans-to-deliver-nitrogen-dioxide-compliance-in-england-and-wales-ce-en.pdf

Chicago

ClientEarth. What do ClientEarth’s legal cases mean for local authority plans to deliver nitrogen dioxide compliance in England and Wales? 2019. https://www.clientearth.org/media/m1borg0p/what-do-clientearths-legal-cases-mean-for-local-authority-plans-to-deliver-nitrogen-dioxide-compliance-in-england-and-wales-ce-en.pdf.

Wikipedia

{{cite report |author=ClientEarth |title=What do ClientEarth’s legal cases mean for local authority plans to deliver nitrogen dioxide compliance in England and Wales? |date=March 2019 |url=https://www.clientearth.org/media/m1borg0p/what-do-clientearths-legal-cases-mean-for-local-authority-plans-to-deliver-nitrogen-dioxide-compliance-in-england-and-wales-ce-en.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{clientearth2019what, author = {{ClientEarth}}, title = {{What do ClientEarth’s legal cases mean for local authority plans to deliver nitrogen dioxide compliance in England and Wales?}}, institution = {ClientEarth}, year = {2019}, month = mar, url = {https://www.clientearth.org/media/m1borg0p/what-do-clientearths-legal-cases-mean-for-local-authority-plans-to-deliver-nitrogen-dioxide-compliance-in-england-and-wales-ce-en.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }