Election ‘purdah’ is no excuse for non-publication of revised air quality plan

Author: Julie Vaughan, Senior Associate, Environment, London

Yesterday, a spokesman for the Prime Minister announced that the Government won't be pursuing an appeal to the High Court's decision of 27 April 2017, in which the Government failed in its attempt to delay publication for consultation of its revised air quality plan until after the 8 June 'snap' general election. Yesterday's announcement confirmed that the Government will meet the new 9 May deadline. The saga is an interesting example of what may post-Brexit become the only available route to hold the Government legally to account for compliance with national level obligations, once the threat of legal proceedings before the European Court of Justice is removed.

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Air quality – further developments this week

Authors: Julie Vaughan, Senior Associate, Environment and Helena Thompson, Associate, Planning and Environment, London

There have been a number of developments in relation to air quality since our blog post last week:

  1. Revision of the National Emissions Ceilings Directive was agreed at EU level.
  2. The Committee on Climate Change queried the Government's ability to meet future carbon targets if the Heathrow expansion is allowed to proceed.
  3. Courts have given the Government 8 months to produce a new national air quality plan.

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Air quality update

Authors: Julie Vaughan, Senior Associate, Environment and Helena Thompson, Associate, Planning and Environment, London

This blog gives an overview of the current position on air quality following the recent ClientEarth (No.2) court decision regarding DEFRA's air quality plan. In this blog we will consider:

  1. the ClientEarth (No.2) decision
  2. Sadiq Khan's approach
  3. new domestic legislation?
  4. impact on Heathrow expansion
  5. impact on development
  6. Brexit

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Brexit stage left

Julie Vaughan, senior associate in the Environment team at Herbert Smith Freehills, co-authored an article for Estates Gazette on the legal impact of a Brexit. To read the article on EGi, please click here.

Please also visit our Herbert Smith Freehills Brexit hub page, with sector by sector analysis of the implications of a Brexit. 

Julie Vaughan
Julie Vaughan
Senior Associate, Environment, London
+44 20 7466 2745