Environmental Law

1. Environmental Law Air Pollution and Air Quality Global Problems; International Law; EU Air Quality Laws; National Regulation. Local Regulation.

2. Air Pollution • Health problems from gaseous pollutants and particulate matter emitted from traffic and industry • Animal and plant life • Quality of water and soil • Alter eco-system • Atmospheric pollution / acid rain – building corrosion • Ozone Depletion (chlorofluorocarbons) • Global Warming / Green house gases • Industrial and Agricultural emissions; (CO2/Methane)

3. Air Pollution • Atmosphere does not recognise boundaries • International law role in addressing transboundary and global nature of atmospheric pollution and control • Significant role of EU law and • National law – work together • Global Warming = one of biggest environmental problems • International law response: transboundary pollution • United States v Canada (1941) [Trail Smelter] • No State has the right to use or permit the use of its territory so as to cause fumes or injury on territory of another

4. Air Pollution 1979 Geneva Convention on Long-Range Transboundary Air Pollution • No liability; preventative; agreement and cooperation • Protocols regulating reduction of: sulphur dioxide; nitrous dioxide; organic pollutants and heavy metals 1985 Vienna Convention for the Protection of the Ozone Layer • Precautionary principle • Montreal Protocol – Ban on CFCs and ozone depleting chemicals

5. Air Pollution 1992 UN Framework Convention on Climate Change • Common interest in global solution • Recognition of regional differences • Stabilise greenhouse gases • Sustainable development • Kyoto Protocol 1997; eif 2005 • Specific targets for greenhouse gases; %age reduction • Differentiation between countries reflecting economic differences (absence of US)

6. Air Pollution EU Legislation: variety of measures • Licensed regulatory controls of polluting processes • Product standards for polluting products (eg vehicles) • Prohibitions (CFCs) • Emission limits • Air quality standards /measurements • Economic instruments (fuel taxes/landfill • Voluntary agreements (motor vehicle manufacturers) • Collection of data; information

7. Air Pollution Manifested in • Industrial plant emissions • Ozone layer • Air quality standards ‘pure’ environmental laws’ • Vehicle emission standards (cars) • Product quality standards (fuel) • EU emissions trading scheme • In particular: Ambient Air Quality Directive 2008/50/EC

8. Air Pollution • Management to improve ‘ambient’ air quality driven by EU law • The Air Quality Standards Regulations 2010 • (transpose Ambient Air Quality Directive 2008/50/EC) • UK monitors air quality to assess compliance with air quality limit and target values for air pollutants set out in EU Directive eg sulphur dioxide, nitrogen dioxide, particulate matter, lead, benzene, carbon monoxide, arsenic, cadmium, ozone ... • Results are reported to European Commission

9. Air Pollution • UK divided into agglomerations (population/industrial) in order to assess compliance with EU air quality limits • Non-compliance – air quality action plans detailing compliance measures – submit annually to EU • UK response to air pollution has historically been reactive: • Smoke Control – Clean Air Act 1993 • Control of Emissions of Smoke, Grit, Dust and Fumes

10. Air Pollution • Dark smoke s1(1) Clean Air Act 1993 Criminal offence • Dark smoke s 3(1); Chimney s 64; Defences s 1(4) • Local Authority approval ss14, 15 • S 2 criminal offence; burden of proof s 2(3); defence s 2(4); Practicable s 64(4) • Grit, Dust and Fumes; Definitions; Arrestment s 6(1) • Smoke control areas, ss 18, 20, 20(4) • Fuels

11. Air Pollution • Polluting industrial processes: environmental permitting • Statutory nuisance • The Environment Act 1995, Part IV The National Air Quality Strategy 2007 introduces Standards and objectives with measures required to attain those objectives. Not legally binding. S 80 Environment Act imposes duty on SofS to prepare and publish National Air Quality Strategy

12. Air Pollution • Ss81 and 97 Environment Act 1995 provide power for SofS to prescribe standards by regulations to be implemented locally • Act provides for creation of system of local air quality management requiring local authorities to undertake assessment of air quality in locality and to take action planning when statutory objectives are not met • Statutory objectives laid down in • Air Quality (England) Regulations 2000, as amended in 2002 (benzene)

13. Air Pollution • S82 EA 1995 places each local authority under (appraisal) duty to review present and future air quality within area • S83 EA 1995 provides for local authority to designate areas as air quality management areas • S84 Local authorities duties iro designated areas

14. Air Pollution • Climate Change Act 2008 • Legally binding targets (?) iro reduction of carbon dioxide (greenhouse gas); % age reduction • Duty of Sof S (Climate Change)to ensure net UK carbon account for 2050 is at least 80% lower than in 1990 • Carbon budgeting system capping emissions over 5 yrs • Creation of Committee on Climate Change (advisory) • Limits on international credits • Powers to introduce national emissions trading schemes