Environmental Justice Alan Andrews, ClientEarth

1. Environmental Justice Alan Andrews, ClientEarth

2. Air quality and inequality Environmental justice in the UK

3. Who are we? ClientEarth is a non-profit environmental law organisation. We work in Europe, bringing together law, science and policy to create pragmatic solutions to key environmental challenges. Our goal is the successful implementation of effective environmental law throughout Europe. Our CleanAir programme was launched in 2009 with the goal of achieving full compliance with air quality laws in London.

4. What is Environmental Justice? “ Environmental Justice is the fair treatment and meaningful involvement of all people regardless of race, colour, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.”

5. Origins of Environmental Justice • Origins in the US • Siting of polluting industries in black and native American communities • Less prominence in UKand Europe

6. Justice Denied – Air Quality in the UK • Breaches of NO2 and PM10 limit values • Disproportionate impact on deprived and black and ethnic minority communities. • Least able/likely to protect themselves from air pollution • Least responsible for air pollution

7. Reasons for air inequality • Higher proportion of deprived communities in urban areas • Proximity to major roads • Lack of awareness of the issue • Lack of capacity to engage in legal and consultation processes

8. A right to clean air? • The Aarhus Convention • The ruling in Janecek v Freistaat Bayern [2008]

9. The Aarhus Convention Three pillars of environmental justice: • Access to environmental information • Public participation in environmental decision-making • Access to justice in environmental matters- legal procedures must be “fair, equitable, timely and not prohibitively expensive”

10. Costs in the UK (1) Civil Procedure Rules Part 44.3:“If the court decides to make an order about costs - the general rule is that the unsuccessful party will be ordered to pay the costs of the successful party”

11. Costs in the UK (2) • “Legal action in the UK is prohibitively expensive for all but the very rich or the very poor” (Lord Sullivan) • Extremely few individuals or green groups are able to shoulder such a financial burden, which means that cases like these are rarely taken, leaving communities exposed.

12. Case study: LilianPallikaropoulos • Took on a case challenging the Environment Agency over permits given to a cement factory to burn tyres • Feared the release of dangerous fumes would compromise the health of the community. • Now faces a legal bill of up to £88,100

13. ClientEarth et al v UK • Complaint brought by ClientEarth to the Compliance Committee to the Aarhus Convention • Found that the current system of apportioning costs breaches the UK’s obligations under the Convention • Recommended major changes to ensure that claimants in public interest cases are not liable for costs if they lose, but may recover them if they win.

14. Dieter Janecek v Freistaat Bayern • Breaches of PM10 limit value in Munich • Dieter Janecek demanded a short-term action plan under Directive 1996/62/EC • ECJ held: “Where there is a risk that limit values may be exceeded, persons directly concerned can require the competent authorities to draw up an action plan.” • Implications for Directive 2008/50/EC

15. Conclusion • Air quality is an environmental justice issue • Citizens have an important role to play in protecting their communities from air pollution • The Aarhus Convention and the Janecek ruling give citizens the legal tools they need • Need for reform of the costs system • Need for increased awareness among ‘hard to reach groups’

16. Contact details: Alan Andrews Lawyer ClientEarth aandrews@clientearth.org +(0) 207 749 5976