Sylvie Gallage-Alwis and Anélia Naydenova examine the evolving legal landscape surrounding air pollution in Air Quality News

Air pollution is an escalating global challenge that poses significant risks to public health and the environment with approximately seven million deaths per year, according to the WHO.

With 99% of the global population exposed to what is considered as polluted air, regulatory bodies and courts are increasingly addressing this issue. Understanding the legal framework surrounding air quality is therefore crucial for addressing this pressing issue where NGOs are looking for accountability. This article explores the evolving European legal landscape surrounding air pollution, including regulatory developments and emerging litigation trends.

Legal Frameworks Addressing Air Pollution

WHO Guidelines

The WHO’s Global Air Quality Guidelines (AQG) are evidence-based recommendations that set limit values for key air pollutants, with the goal of protecting public health. First released in 1987, these guidelines have been updated periodically, with the most recent version issued in 2021.

Although the guidelines are not legally binding, they provide a framework that informs the legislative action and pollution control efforts of countries, encouraging governments and civil society to monitor and address harmful air pollution. According to the Air Quality Life Index (AQLI), meeting WHO guidelines could increase the global life expectancy by nearly two years, which is why European Union (EU) regulations aim to align with these standards.

EU Regulations

The EU has introduced several policies aimed at reducing air pollution over the past few decades. However, the EU continues to face challenges in achieving air quality standards, particularly with persistent exceedances of WHO guidelines for some pollutants. In response, the European Commission has proposed a revised Ambient Air Quality Directive, amending Directive 2004/107/EC on arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air and Directive 2008/50/EC on ambient air quality and cleaner air for Europe.

Directive (EU) 2024/2881, which entered into force in December 2024, introduces stricter standards for pollutants, including a more than 50% reduction in the annual limit for fine particulate matter (PM_2.5). It also updates air quality standards for twelve pollutants, including nitrogen dioxide, ozone, and sulfur dioxide. Furthermore, the Directive mandates that Member States allow individuals who believe they have been harmed by air pollution to seek compensation.

UK Legislation

The UK's air pollution legal framework stems largely from EU legislation, notably Directive 2008/50/EC, implemented through the Air Quality Standards Regulations 2010. Post-Brexit, these regulations remain as retained EU law, maintaining strict pollutant concentration limits. This framework is reinforced by the Environment Act 1995 (amended 2021), which empowers local authorities to meet air quality goals through targeted strategies.

Key industrial regulations include the Environmental Permitting Regulations 2016, requiring permits for sectors like power generation and chemical industries, and the Clean Air Act 1993, which controls smoke emissions and fuel composition.

Judicial Actions and Court Rulings

The Court of Justice of the European Union (CJEU)

The 2014 ClientEarth decision by the CJEU marked a watershed moment in air pollution litigation. Challenging the UK's failure to meet nitrogen dioxide limits, the Court established that Directive 2008/50/EC imposes an obligation of result, not just an obligation of means. Hence, simply preparing an air quality plan is not enough for a Member State to be compliant with the required pollutant limits. This decision empowered national courts to enforce compliance through injunctive relief, setting a powerful precedent for state accountability.

The UK's struggles continued, with the CJEU ruling in March 2021 that it had "systematically and persistently" exceeded NO₂ limits since 2010. Despite Brexit, these proceedings remain binding under the withdrawal agreement. Similar rulings have targeted other EU members, with France facing scrutiny over NO₂ and PM₁₀ levels in several cities, while Italy, Bulgaria, and Poland have been found in violation of PM₁₀ standards. These cases underscore the growing judicial pressure on states to meet their air quality obligations.

National Courts

National courts play a critical role in ensuring that governments comply with air pollution regulations. In the UK, ClientEarth has been instrumental in challenging the government's air quality plans. For instance, in 2018, following a judicial review, the High Court ruled that the government's plan to address illegal air pollution levels was inadequate and did not contain measures sufficient to ensure substantive compliance with the Ambient Air Quality Directive or the Air Quality Standards Regulations, ordering a revision of the air quality plan.

Courts are also increasingly acknowledging the health impact of air pollution on individuals. In 2020, Southwark Coroner's Court concluded that air pollution contributed to the death of a young girl who lived near a heavily polluted road in London. This precedent-setting decision has sparked a wave of individual claims, exemplified by ClientEarth's recent Polish case where asthma sufferers are pursuing financial compensation for health damages, as well as protection for their fundamental right to live in a healthy environment.

The European Court of Human Rights (ECtHR)

On 9 April 2024, the ECtHR delivered a historical decision recognising the obligation of states to implement regulatory and preventive measures against rising greenhouse gas concentrations and global temperature increases that could have irreversible negative effects on human rights. While the Court dismissed the claim under Article 2 (right to life), it acknowledged that severe environmental harm could infringe Article 8 (right to private and family life), as it could affect an individual’s well-being and disrupt their enjoyment of home and private life.

More recently, on 30 January 2025, the Court ruled that a state's failure to protect citizens from the dangers of pollution, specifically from hazardous waste in "Terra dei Fuochi" in Italy, violated the right to life under Article 2 of the ECHR. This decision marks a significant legal precedent and could have broader implications for future cases involving air pollution and its human rights consequences.

Future Developments and Expectations

The evolving legal landscape around air pollution is poised to create significant changes, particularly with Directive (EU) 2024/2881, as it grants individuals the right to seek compensation for health damage. This development signals the growing importance of legal recourse for individuals affected by air pollution, and we can expect more legal actions targeting states and even private operators in the near future.

Legal actions under the ECHR, specifically Articles 2 and 8, are also likely to gain traction. With air pollution being a major public health concern, these mechanisms will empower citizens to hold governments accountable for failing to take timely and effective action.

Private operators, including manufacturers, will certainly face greater scrutiny and liability as many of the pollutants responsible for air quality violations come from human activities. The growing intersection of legal, regulatory and financial pressures will likely force companies to adopt more sustainable practices.

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In closing, European air pollution law is experiencing a seismic shift fuelled by stricter regulations and groundbreaking court rulings. The 2024 EU Ambient Air Quality Directive heralds a new era, introducing tougher standards and individual compensation rights that empower citizens. It is imperative for companies to stay ahead of this evolving landscape, ensuring that their organisations navigate these changes effectively to mitigate risks and uphold environmental accountability.