17. Air Quality Law

2019 ◽  
pp. 561-598
Author(s):  
Elizabeth Fisher ◽  
Bettina Lange ◽  
Eloise Scotford

This chapter examines legal regimes relating to air quality, considering developments at the international, EU, UK and local levels. International and EU law is particularly important in this regulatory sphere since air pollution is a transboundary issue. There is also increasing public concern about air quality, which is reflected in high profile public interest litigation being brought against the UK government to ensure lawful levels of air quality are being met, or at least properly planned for. There are also implementation and coordination problems that make compliance with air quality law a considerable challenge. Regulating air quality ultimately requires coordinating the actions and efforts of actors in many industries, sectors, and geographical areas. At present, not all of those actors are within the scope of UK air quality law.

2021 ◽  
Vol 14 (2) ◽  
pp. 116-128
Author(s):  
Wenjun Yan

Abstract In 2015, the All-China Environment Federation v Dezhou Jinghua Group Zhenhua Corporation Limited case was the first civil environmental public interest litigation (CEPIL) against air pollution in China. Constituting a milestone in the field of air pollution control in China, this case (i) confirms the eligibility of a non-governmental organisation (NGO) to file civil public interest litigations; (ii) discusses remedies for the ecological destruction caused by air pollution; (iii) assesses the ecological and environmental damage using the ‘virtual restoration cost’ method; and (iv) uses public apology as an innovative way for Zhenhua to assume liability. By applying and interpreting several important rules under the Environmental Protection Law of China (EPLC) for the first time, this case sets an example for future CEPILs against air pollution in China.


2021 ◽  
Author(s):  
Denise Berger

Since the rulings of the Federal Administrative Court (BVerwG) of 27 February 2018 on the Stuttgart and Düsseldorf air pollution control plans, diesel driving bans have become one of the best-known but also most controversial measures in the context of air pollution control planning. The reason for this is that the limit value for nitrogen dioxide, which is based on the requirements of the Ambient Air Quality Directive under EU law, is exceeded, particularly in conurbations. Taking into account the legal and administrative court requirements for the proportionality of traffic bans, the current challenges for the instrument of the air pollution control plan are shown and the implementation of planned measures in practice is examined on the basis of selected air pollution control plans.


Author(s):  
Fengliang Jin

Abstract This article examines and analyses the environmental civil public interest litigation system in the protection of climate change in China through two cases, the All-China Environment Protection Federation v Zhenhua Co, Ltd for air pollution and Friends of Nature v State Grid Gansu Electric Power Corporation for full-purchase of all on-grid power produced by renewable energy.


2021 ◽  
Author(s):  
Young-Hee Ryu ◽  
Seung-Ki Min

<p><span>Severe air pollution is hazardous to human health and long-term exposure to air pollution degrades not only human health but also the quality of life. In the recent years, public concern and awareness of air quality have been greatly raised in South Korea, and this is somewhat contradictory to the level of particulate matter with diameters less than 10 μm (PM10). The observed PM10 levels cannot explain the elevated levels of public concern specifically after 2013–2014 because the average PM10 was much higher in the past (prior to 2013) and shows a decreasing tendency during the recent decades over South Korea. This study utilizes big data from internet search engines (internet search volume data from Google and NAVER) to understand how people perceive air quality differently from the level of observed PM10 and what influences public perception of air quality. An index, air quality perception index (AQPI), is newly proposed in this study and it is assumed that the internet search volume data with a keyword of “air quality” are representative of this index. An empirical model that simulates AQPI is developed by employing the decay theory of forgetting and is trained by PM10, visibility, and internet search volume data. The results show that the memory decay exponent and the accumulation of past memory traces, which represent the weighted sum of past perceived air quality, play key roles in explaining the public's perception of air quality. A severe haze event with an extremely long duration that occurred in the year 2013–2014 is found to trigger the increase in public awareness of air quality, acting as a turning point. Before the turning point, AQPI is more influenced by sensory information (visibility) due to the low awareness level, but after the turning point it is more influenced by PM10 and people slowly forget about air quality. The retrospective AQPI analysis assuming a low level of awareness confirms that perceived air quality is indeed worst in the year 2013–2014. In other words, the high level of awareness after experiencing the record-long severe haze event in 2013–2014 makes people remember longer and more sensitive to the level of pollutants, thus explaining the increased public concerns in the recent years. Our results suggest the promising potential of social data for a better understanding of public perception and awareness of other natural and/or man-made hazards.</span></p>


De Jure ◽  
2019 ◽  
Vol 10 (2) ◽  
Author(s):  
Regina Stoilova ◽  

The article discusses recent court practice denying access to justice on clean air matters. Based on analysis of national and EU law, the article argues that air quality plans shall be considered measures of general nature and the population exposed to excessive air pollution shall be granted legal standing to challenge them before courts.


2020 ◽  
Author(s):  
Karn Vohra ◽  
Eloise Marais ◽  
Louisa Kramer ◽  
William Bloss ◽  
Peter Porter ◽  
...  

<p>Air pollution is one of the leading global causes of premature mortality, necessitating routine monitoring of air quality in cities where most (55%) people now reside. Surface monitors are sparse and costly to operate, whereas satellites provide global coverage of a multitude of pollutants spanning more than 2 decades. Here we make use of the dynamic range of satellite products to understand long-term changes in air quality in target cities in the UK (London and Birmingham) and India (Kanpur and Delhi). These include nitrogen dioxide (NO<sub>2</sub>) from OMI for 2005-2018, formaldehyde (HCHO) from OMI for 2005-2016 to monitor non-methane volatile organic compounds (NMVOCs), ammonia (NH<sub>3</sub>) from IASI for 2008-2017 and aerosol optical depth (AOD) from MODIS for 2005-2018 to monitor PM<sub>2.5</sub>. Where surface observations are available (almost exclusively the UK), we first evaluate the ability of the satellite observations to reproduce variability in surface air pollution. We find temporal consistency for most pollutants (R >= 0.5), with the exception of MODIS AOD and surface PM<sub>2.5</sub> (R = 0.3), but the decline in AOD (3.0% a<sup>-1</sup>) and surface PM<sub>2.5</sub> (2.8% a<sup>-1</sup>), so far only evaluated for London, is similar. Inconsistencies result from seasonal variability in the planetary boundary layer, differences in sampling footprint between the satellite and surface monitors, and interferences in the surface measurements (as is the case for NO<sub>2</sub>). We find a decrease in all pollutants in Birmingham and London and an increase in all pollutants in Delhi and Kanpur, over the analysis period, but not all trends are significant. Birmingham and London NO<sub>2</sub> both declined by 2.5% a<sup>-1</sup>, whereas Delhi NO<sub>2</sub> increased by 2.0% a<sup>-1</sup>, so that by the end of 2018 Delhi and London have the same tropospheric column concentrations of NO<sub>2</sub>. Only Delhi exhibits a significant NMVOCs trend (increase) of 1.8% a<sup>-1</sup>. NH<sub>3</sub> trends are not significant in any of the four cities, consistent with bottom-up inventories and lack of direct controls on emissions of this pollutant, mostly from agriculture. These data show no evidence of air quality improvements in Delhi, despite rollout of strict controls on industry and vehicles.</p>


Author(s):  
C. J. Stevens ◽  
J. N. B. Bell ◽  
P. Brimblecombe ◽  
C. M. Clark ◽  
N. B. Dise ◽  
...  

Although awareness that air pollution can damage vegetation dates back at least to the 1600s, the processes and mechanisms of damage were not rigorously studied until the late twentieth century. In the UK following the Industrial Revolution, urban air quality became very poor, with highly phytotoxic SO 2 and NO 2 concentrations, and remained that way until the mid-twentieth century. Since then both air quality, and our understanding of pollutants and their impacts, have greatly improved. Air pollutants remain a threat to natural and managed ecosystems. Air pollution imparts impacts through four major threats to vegetation are discussed through in a series of case studies. Gas-phase effects by the primary emissions of SO 2 and NO 2 are discussed in the context of impacts on lichens in urban areas. The effects of wet and dry deposited acidity from sulfur and nitrogen compounds are considered with a particular focus on forest decline. Ecosystem eutrophication by nitrogen deposition focuses on heathland decline in the Netherlands, and ground-level ozone at phytotoxic concentrations is discussed by considering impacts on semi-natural vegetation. We find that, although air is getting cleaner, there is much room for additional improvement, especially for the effects of eutrophication on managed and natural ecosystems. This article is part of a discussion meeting issue ‘Air quality, past present and future’.


Author(s):  
J.E. Higham ◽  
C. Acosta Ramírez ◽  
M.A. Green ◽  
A. P. Morse

Abstract On the 23 March 2020, a country-wide COVID-19 lockdown was imposed on the UK. The following 100 days saw anthropogenic movements quickly halt, before slowly easing back to a “new” normality. In this short communication, we use data from official UK air-quality sensors (DEFRA AURN) and the UK Met Office stations to show how lockdown measures affected air quality in the UK. We compare the 100 days post-lockdown (23 March to 30 June 2020) with the same period from the previous 7 years. We find, as shown in numerous studies of other countries, the nitrogen oxides levels across the country dropped substantially (∼ 50%). However, we also find the ozone levels increased (∼ 10%), and the levels of sulphur dioxide more than doubled across the country. These changes, driven by a complex balance in the air chemistry near the surface, may reflect the influence of low humidity as suggested by Met Office data, and potentially, the reduction of nitrogen oxides and their interactions with multiple pollutants.


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