Law in Politics, Politics in Law.By DAVID FELDMAN

Abstract

Environmental litigation is no stranger to the tension between law and politics. It is a tension that afflicts Governments of all colours. In 2007, it was the then Labour Government, which felt the wrath of the High Court when the Court found the Government’s public consultation on new nuclear power stations was seriously flawed. 1 Currently, it is the turn of the Conservative Government to make the news in a long running legal challenge by the legal campaign group ClientEarth over air pollution. 2 In 2015, the Supreme Court ordered the Government to produce a plan to reduce nitrogen dioxide levels in the UK to safe levels in as short a timescale as possible. It gave the Government six months to do so and provided for ClientEarth to return to Court if the legal campaign group was not satisfied with the Government’s response. Forcing the Government to act in this way was an unusual move because courts usually accept the word of the Government of the day that it will take steps to meet its legal obligations. In acting as it did the Court said it was influenced by the seriousness of the UK’s breach and the fact that air pollution had got worse over the four years the litigation had been running. The Government subsequently published its revised air pollution plans. ClientEarth has declared them not fit for purpose and is returning to Court. The High Court will have to decide whether the government is doing what it can to make our air as safe as possible in as short a timescale as possible.