Is Scotland Safe from EU Pollution Laws?

The Scottish government has been warned by environmental campaign groups that it could also face legal action, after the High Court in London found in favour of ClientEarth law firm in a high profile case against the Conservative government.

As a result of the ruling, the Department for Energy, Food and Rural Affairs (DEFRA) is being forced to re-evaluate its approach to air quality and now campaigners want the Scottish government to do the same.

A long-standing argument

ClientEarth’s wrangles with the UK government stretch back several years, with the environmental law firm having taken the Tories to court on a number of occasions for their failure to comply with EU standards on air quality.

In 2014, ClientEarth won its second case against the government in the Court of Justice of the European Union (CJEU) and then prosecuted David Cameron’s party again earlier this year. This most recent ruling found in favour of the law firm once again, which has prompted Scottish campaigners to call out Nicola Sturgeon’s government up in Scotland.

Scottish MPs were invited to attend the High Court ruling earlier this month, but declined to do so. Mark Ruskell of the Scottish Green Party sees that decision an indictment of their inaction on air quality issues. “The Scottish Government simply backed away from its record on air quality by declining to take part in this case,” explained Ruskell. “Now it finds itself in an embarrassing position as Scotland’s pollution hotspots have contributed to a UK-wide judgment on the failure to protect public health.”

“Bound by the same law”

Friends of the Earth Scotland have led the charge in calling for the Scottish government to face up to its responsibility and address growing concerns over air quality north of the border.

“This judgment must serve as a warning to the Scottish Government to give its full financial backing for Low Emission Zones (LEZs) in Scottish towns and cities with pollution problems as soon as possible,” said Emilia Hanna, a campaigner with the group. “There are now 38 Pollution Zones in Scottish towns and cities – areas where levels of toxic air are dangerously high. Scotland too is bound by the same European law which was being interpreted in the case, and Scotland’s air quality plan ‘Cleaner Air for Scotland’ was the Scottish limb of the Defra plan which was found to be illegal.”

Traditionally, Scotland has led the line for UK nations when it comes to environmental issues. In 2012, it became the first British nation to launch a pollution alert system and has proved to be a frontrunner in addressing the challenges and reaping the benefits of local air quality monitoring.

However, Hanna and her colleagues have called for stronger action from Sturgeon’s government, including the implementation of low-emissions zones in cities across the country and an improved nationwide public transport infrastructure. Alan Andrews, one of the prosecuting lawyers for ClientEarth, agreed:

“Since the Scottish Government has powers over air quality in Scotland, they also have a responsibility to take action to reduce the harmful health impacts of pollution. Like Defra, the Scottish Government has so far not done enough.”