AQN magazine -Issue 14 - April 2022 by Spacehouse

Issue 14

April 2022

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Should healthcare professionals warn patients about pollution? Special Report: Clean Air & Environmental Law

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Editorial Comment and Contacts

Welcome to Air Quality News magazine Contacts Publisher: David Harrison d.harrison@spacehouse.co.uk 01625 614 000 Head of Content: Chloe Coules chloe@airqualitynews.com 07704 338277 Business Development Manager: Jason Coward jason@spacehouse.co.uk 07889 212414 Finance Manager: Jenny Leach jenny@spacehouse.co.uk 01625 614 000 Administration: Susanne Lingham office@spacehouse.co.uk 01625 614 000 Published 6 times a year

Air Quality News - published by Spacehouse Ltd, Pierce House, Pierce Street, Macclesfield. SK11 6EX. Tel: 01625 614 000

Like many of our readers, Air Quality News opened my eyes to the importance of tackling air pollution. I have greatly enjoyed watching the brand grow and go from strength to strength through the years, and it is a real privilege to step up and lead the team as we enter this new chapter. I have had the pleasure of meeting many inspirational people in the industry during my time at the magazine, through global events like COP26 and our own conferences, and I look forward to working more closely with you all as we continue to shape the conversation and drive forward solutions to air pollution. This issue, we have tackled the validity of green space to tackle air pollution and the role of healthcare professionals in informing people about air quality. We also spoke exclusively with Geraint Davies MP, who gave us his honest opinion on woodburning, the government’s proposed PM2.5 targets and becoming a global leader on air pollution. Our special report highlights the importance of law in delivering clean air, whether it be through individuals using legal action to fight for a better future or government setting enforceable targets in response to growing public concern about the dangers of air pollution. We are at a very interesting time in the history of clean air legislation, with the government recently announcing new targets to be included in the Environment Act 2021, fundamentally changing how future governments are held to account on air pollution. More and more individuals are also turning to the law as a last resort when their calls for action on air quality have not been met, making it a crucial issue to discuss in relation to clean air. Thank you to our team, contributors and advertisers for helping us to cover such an important topic.

Chloe Coules, Editor Tel: 07704 338277 chloe@airqualitynews.com

Printed on FSC certified paper stock, using vegetable oil inks. Fulfilment and distribution using 100% recycled envelopes.

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Contents

Features Contents Pages 6-8: News

Pages 6-8 News: Wood burning costs Europe €17bn in health costs a year

Pages 24-25 Feature: A new frontier: using human rights law to fight for healthy air in the courts

Pages 10-12: The power of plants: can urban green spaces tackle air pollution? Pages 14-16: Should healthcare professionals do more to warn their patients about the risks of air pollution? Pages 19-22: Legally bound: The climate litigation and contract law boom

Pages 10-12 Feature: The power of plants: can urban green spaces tackle air pollution?

Pages 26-27 Feature: The UK’s proposed legal limit on PM2.5 is ‘far from world-leading’

Pages 24-25: A new frontier: using human rights law to ﬁght for healthy air in the courts Pages 26-27: The UK’s proposed legal limit on PM2.5 is ‘far from world-leading’ Pages 28-29: Green and pleasant land: UK environmental policy post-Brexit

Pages 14-16 Feature: Should healthcare professionals do more to warn their patients about the risks of air pollution?

Pages 28-29 Green and pleasant land: UK environmental policy post-Brexit

Pages 30-31: Geraint Davies MP on achieving clean air in the UK Pages 32-33: Paris must now ‘walk the talk’ on clean air Pages 34-35: Bradford Council on leading the way to cleaner air

Pages 19-22 Feature: Legally bound: The climate litigation and contract law boom

Pages 30-31 The Big Interview: Geraint Davies MP on achieving clean air in the UK

Pages 32-33 International:

Page 37: Marketplace

Thanks to our contributors: Martin Guttridge-Hewitt, Tamara Krivskaya, Irmina Kotiuk at ClientEarth, and City of Bradford Metropolitan District Council

Paris must now ‘walk the talk’ on clean air

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News

in brief Consultations launch on measures to help local authorities tackle air pollution The government has launched two consultations on proposals to make it easier for local authorities to tackle poor air quality in their areas. The first consultation seeks views on increased engagement between local authorities and the communities they serve and an increased focus on the impact of air quality on people’s health. The consultation will also look at the stronger requirements introduced in the Environment Act 2021 for other organisations to collaborate with local authorities in delivering Air Quality Action Plans (AQAPs). The second consultation proposes to designate National Highways in order to ensure more consistent collaboration with local authorities to reduce road pollution. If it is subsequently designated a relevant public authority, National Highways will have to commit to measures to help bring roads back into compliance wherever transport using a major highway has contributed to local air quality limits being exceeded. These measures will then be included in AQAPs. £200m boost for UK’s zero emission bus pledge Nearly 1000 more zero-emission buses will be funded across the country, thanks to a government investment of almost £200m. Twelve areas in England, from Greater Manchester to Portsmouth, will receive grants from the funding package to deliver electric or hydrogen powered buses, as well as charging or fuelling infrastructure, to their region. The scheme is predicted to remove over 57,000 tonnes of carbon dioxide per year from the country’s air, as well as 22 tonnes of nitrogen oxides on average each year. The funding comes from the Zero Emission Buses Regional Area (ZEBRA) scheme, which was launched last year to allow local transport authorities to bid for funding to purchase zero emission buses. This will bring the total number of zero-emission buses funded in England to 2000 so far under this government. The government has committed to fund a total of 4,000 zero-emission buses across the country. 6

Wood burning costs Europe €17bn in health costs a year Air pollution from fossil fuel and wood burning in the home causes €27bn a year in health-related costs to society across the EU and UK, a new study for the European Public Health Alliance (EPHA) has found.

he study found woodbased home appliances are the worst offenders for Europe as a whole, responsible for €17bn (57%) of health-related costs. Coal is responsible for €5bn or 17% of costs, while oil and gas pollution causes costs of €3bn and €2.3bn respectively. Indirect pollution from electricity and non-residential heat generation is responsible for an additional €2bn, bringing the total health costs faced by Europe to €29bn per year. Heat pumps cause no direct air pollutants and, combined with a fully renewable energy system with no biomass, health-related costs from air pollution would be reduced to zero, the report found. EPHA Director General, Dr

Milka Sokolović, said: ‘It is clearer than ever that burning fossil fuels and biomass at home is not only an environmental, but also a major health problem. The solution, obviously, lies in ensuring that homes are powered by clean renewables. That’s why we are calling on political leaders to oversee a ‘big clean

switch’, helping households transition to clean home cooking and heating. As people are grappling with high energy prices, we must avoid quick and dirty solutions that chain us to polluting and health and climateharming in the long term. Our home environments must protect our health.’

UK automotive industry invested £10.8bn in first ‘electric decade’ New analysis reveals manufacturers have committed £10.8bn in UK electric vehicle battery R&D and production since 2011.

ccording to the analysis by the Society of Motor Manufacturers and Traders (SMMT), more than 150 models of plug-in cars and vans are now on sale, while British factories have produced a quarter of a million electric cars, vans, buses and trucks in the last decade. Ten years ago, six models of electric car were available,

accounting for just one in 1,000 new car registrations. Britain’s first ‘electric decade’ was kicked off by a £420m investment in Sunderland for the UK’s first mass-produced battery electric car, with more than 10 vehicle manufacturers investing in communities and creating jobs. In a new blueprint for electric transition, the industry is calling for all stakeholders to match its

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commitment and ‘plug the gap’ between ambition and delivery in order to make Britain a world leader in zero emission mobility. Mike Hawes, SMMT Chief Executive, said: ‘The UK automotive industry has set out its intent – to meet the challenge of net zero – and has backed that ambition with cash, investing massively during Britain’s first electric decade. As we enter the second, the stakes are higher, with some of the world’s toughest regulation coming, regulation that will seek to determine the pace of change in a market constantly buffeted by headwinds. But mandates on manufacturers alone will not drive the market. Delivering net zero needs a competitive industry and a competitive market.’

News

Government commits to tenfold expansion in EV chargepoints by 2030 £1.6bn has been committed by the government to expand the UK electric vehicle (EV) charging network, with around 300,000 public chargers expected to be available by 2030.

his commitment will see almost five times as many EV chargepoints on roads as the number of fuel pumps by 2030. Under the Electric Vehicle Infrastructure Strategy, charging is expected to become easier and cheaper than refuelling a petrol or diesel car, while new legal requirements on operators will see drivers of EVs able to pay by contactless, compare charging prices and find nearby chargepoints via apps. Prime Minister Boris Johnson said: ‘We’re powering ahead with plans to help British people go electric, with our expanding charging network making

journeys easier right across the country. ‘Clean transport isn’t just better for the environment, but is another way we can drive down our dependence on external energy supplies. It will also create new high-skilled jobs

for our automotive and energy sectors and ultimately secure more sustainable and affordable motoring for all.’ The funding includes a £450m Local Electric Vehicle Infrastructure (LEVI) Fund which will boost projects such as EV hubs and on-street charging, so that those without driveways can access cleaner transport. Transport Secretary Grant Shapps said: ‘No matter where you live – be that a city centre or rural village, the north, south, east or west of the country, we’re powering up the switch to electric and ensuring no one gets left behind in the process.’

Exclusive: Clean Air Day 2022 theme announced Global Action Plan announced the theme for Clean Air Day on 16 June 2022, the UK’s largest campaign on air pollution.

he theme for this year’s campaign is: ‘Air pollution dirties every organ in your body. Take steps to improve your health this Clean Air Day.’ It highlights how air pollution moves from your lungs into your blood and can cause lung disease, heart disease, dementia and strokes, but that it is solvable and together we can do something to cut pollution to benefit our health and planet. In its sixth year, Clean Air Day helps to drive a positive shift in public knowledge and action and is a chance to find out more about air pollution, share information and make the air cleaner and healthier for everyone. Larissa Lockwood, Director of Clean Air at Global Action Plan, says: ‘This year’s theme highlights how air pollution can impact every organ in everybody – not just those who

are vulnerable. Even though we can’t see it, air pollution impacts our health from our first breath to our last. ‘However, it is solvable, and we can all do something to cut pollution to benefit our health, planet and community. Walking short trips instead of driving is

a great way to reconnect with our local community, breathe cleaner air and get some exercise. But it’s not always easy, so this Clean Air Day also ask local decision makers for what would make it easier for you to walk more and have clean air in your community.’

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in briefin brief Report calls for ‘step-change’ in ambition of UK’s EV charging rollout Industry experts are calling for a ‘fundamental step-change’ in ambition of the UK’s electric vehicle (EV) charging rollout to deliver the 2030 ban on new petrol and diesel cars and support the UK’s net zero goals. While rapid and ultra-rapid charging is developing well in public spaces such as car parks and service stations, new research released as part of the report indicates that the demands of drivers require EV chargers to be installed on virtually every residential street across the UK. The research found 80% of drivers need reliable, affordable charging located where their car is parked while at home to convince them to go electric. The report, published by EV charging infrastructure specialist Connected Kerb, outlines what national and local government, investors, developers and charging point providers must do to ensure the UK is able to deliver affordable and accessible charging points for everyone. Charity calls for councils to create incentives for giving up private cars Scotland’s councils have been urged to introduce incentives for people who give up private vehicles as a way of increasing shared transport use. National shared transport charity Collaborative Mobility UK (CoMoUK) said people could be offered ‘mobility credits’ for choosing alternative modes of travel like car clubs and bike hire schemes. In a manifesto for Scottish local authorities ahead of May’s local government elections, CoMoUK said councils must do more to support shared transport schemes to help Scotland meet climate change targets and improve the nation’s health. It said shared transport can contribute directly to cleaner air and better health as car club vehicles emit 37% less CO2 than the average UK car. The charity also said bike hire schemes have positive impacts on both physical and mental health, with half of Scottish bike share users saying it had contributed to them reaching the recommended 2.5 hours or more of physical activity per week. 7

News

in brief Report investigates effectiveness of School Street schemes A new report has found that School Streets lead to significant reductions in motor vehicle traffic both during the closure time and over the whole day, with minimal change in pedestrian numbers and use of the space. The research from non-profit Cross River Partnership (CRP) and the University of Westminster’s Active Travel Academy focused on two School Street schemes in the London Borough of Hackney, evaluating their impact and effectiveness. Asa Thomas, PhD Researcher at University of Westminster, who wrote the report, said: ‘Working through this rich dataset of traffic and active travel movement at two schools has shown the impact that temporary restrictions can have on changing how people use their streets. ‘These findings will hopefully be useful for practitioners seeking to understand what effects School Streets might have on the environments that children travel through as they arrive at school.’ 70% of Brits think e-bikes will help reduce emissions quicker than EVs The majority of British people think e-bikes will help reduce carbon emissions more quickly that electric vehicles (EVs), according to new research from #BikeIsBest and the University of Westminster. According to the research, one fifth of adults who have never owned an e-bike were considering purchasing one in the future, while 67% of participants states cost was the biggest obstacle preventing them from making a purchase. Achieving widespread use of e-bikes as well as conventional bikes could replace three million car trips to work, and 10% of carbon emissions from commuting, finds the report. Scott Purchas, Campaigns Consultant at #BikeIsBest, said: ‘The future is electric but not in the way people might think. All of the focus for subsidies has been for electric cars, but this new report demonstrates the substantial benefits of electric bikes and how essential they are for rapidly decarbonising transport, improving our health and cleaning up the air at the same time.’ 8

97% of global cities do not meet latest WHO air quality guidelines 97% of global cities and all countries failed to meet the latest World Health Organization (WHO) PM2.5 air quality guidelines in 2021, according to IQAir’s World Air Quality Report.

he report analysed PM2.5 from air monitoring stations in 6,475 cities and 118 countries, regions and territories, finding that only 3% of cities met the WHO’s air quality guidelines for PM2.5. IQAir’s 2021 World Air Quality Report is the first major global air quality report based

on updated WHO air quality guidelines for PM2.5. The new guidelines were released in September 2021 and cut existing annual PM2.5 guideline values from 10 µg/m3 to 5 µg/m3. ‘It is a shocking fact that no major city or country is providing safe and healthy air to their citizens according

to the latest World Health Organization air quality guidelines,’ said Frank Hammes, CEO of IQAir. ‘This report underscores just how much work remains to be done to ensure that everyone has safe, clean and healthy air to breathe. The time for action is now.’ The analysis found that only 222 out of 6,475 global cities covered in the report met updated WHO PM2.5 guidelines, with 93 cities having annual PM2.5 concentrations exceeding 10 times the WHO standards. The top five most polluted countries in 2021 were Bangladesh, Chad, Pakistan, Tajikistan and India. New Delhi was ranked as the world’s most polluted capital city for the second consecutive year, followed by Dhaka, N’Djamena, Dushanbe, and Muscat.

Long-term exposure to air pollution linked to heightened autoimmune disease risk Long term exposure to air pollution is linked to a heightened risk of autoimmune disease, finds new research.

he study found environmental air pollution from vehicle exhausts and industrial output can trigger adaptive immunity – whereby the body reacts to a specific disease-causing entity – but sometimes this adaptive response misfired, prompting systemic inflammation, tissue damage, and ultimately autoimmune disease. The research, published online in RMD Open, found the risk is especially high for developing certain autoimmune conditions including rheumatoid arthritis, connective tissue and inflammatory bowel diseases.

The incidence and prevalence of autoimmune diseases have steadily increased over the past decade, but the reasons for this are not yet clear. The researchers mined the national Italian fracture risk database, tracking diagnoses of autoimmune diseases and linking participants to the nearest air quality monitoring system run by the Italian Institute of Environment Protection and Research. They found exposure to PM2.5 was not associated with a heightened risk of an autoimmune disease diagnosis, but PM10 was associated with

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a 7% heightened risk for every 10µg/m3 increase in levels, after accounting for potentially influential factors. Long term exposure to PM10 above 30 µg/m3 and to PM2.5 above 20 µg/m3 were associated with, respectively, a 12% and 13% higher risk of autoimmune disease. Overall, long term exposure to traffic and industrial air pollutants was associated with an approximately 40% higher risk of rheumatoid arthritis, a 20% higher risk of inflammatory bowel disease, and a 15% higher risk of connective tissue diseases.

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Feature

The power of plants: can urban green spaces tackle air pollution? Air Quality News editor Chloe Coules discovers the natural ability of plants to tackle air pollution and investigates how local authorities can incorporate green spaces in their clean air strategies.

espite many local authorities incorporating green space in their plans to tackle air pollution, there is still much debate around how effective plants can be in improving the quality of our air and whether they are a valid strategy. Recent research has begun to shed light on the mechanisms through which plants can clean the air. ‘The interactions between green spaces and air quality are fascinating and increasingly understood. Green space can effectively change the quality and composition of the air that city dwellers inhale,’ says Arnt Diener, environmental scientist at the European Centre for Environment and Health and Heinrich-Heine-University. His research has differentiated three underlying mechanisms that explain how green space can reduce air pollution exposure: • D eposition: Experiments have shown that living plants can facilitate the deposition of a much higher quantity of pollutants than similarly shaped artificial structures.

• D ispersion: Strategically placed plants can lower pollutant concentrations by acting as a shield. • M odification: Several gaseous and particulate pollutants in the air are transformed by plants, either on their surface or within their structures. Plants can also improve or worsen pre-conditions for air pollution formation, such as air temperature or humidity. However, despite growing understanding of how plants can clean the air, there is still controversy around how effective they are at it. How effective are plants at tackling pollution? ‘The air quality improvement by a green space is not easily estimated in contrast to emission reductions, such as by removing a known number of pollutant sources,’ Arnt Diener tells Air Quality News. The Air Quality Expert Group (AQEG), which provides independent scientific advice on air quality to

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Defra, concluded in their report on the Effects of Vegetation on Urban Air Pollution that overall, current evidence suggests that trees and vegetation are not a solution to air quality problems at a city scale. However, they found strong evidence that healthy, well-chosen and well-placed urban trees can provide a large range of economic and social benefits, including a relatively small but beneficial impact on urban air quality. Their report suggests that trees can help to mitigate the effects of traffic, industry and power production by filtering particulate matter (PM) and absorbing gaseous pollutants, such as ozone, sulphur dioxide and nitrogen oxides, although they are not very efficient sinks for nitrogen dioxide. Despite questions around the effectiveness of plant-based interventions on a city-wide scale, there has been compelling evidence about their benefits at a local level. ‘When placed correctly, bushes between a road and pedestrian path

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can distance and shield us (dispersion) from some of the pollution arising from exhaust fumes and road dust. Experiments showed that introducing vegetation structures downwind of a road can cut nearby pollutant concentrations in half,’ says Arnt Diener. Prashant Kumar, Founding Director at the Global Centre for Clean Air Research (GCARE) and Chair in Air Quality & Health, Department of Civil & Environmental Engineering at the University of Surrey, also told Air Quality News that his research has recorded reductions in certain pollutants of up to 55 or 60% in several studies using vegetation to tackle air pollution. However, controlling emissions at the source is much easier than removing pollutants once they are diluted into the atmosphere, according to the AQEG. Recent modelling of the Greater London Area’s canopy suggests that increasing urban tree cover from 20 to 30% would only remove an additional

1% of PM from the air. Despite this, Arnt Diener explains that even these small changes can be substantial: ‘On a regional or national scale, green spaces have been shown to reduce pollution concentrations by several per cent in model calculations. In awareness of underlying model assumptions and simplifications, such estimates suggest that green spaces can reduce air pollution by similar magnitudes as emission reductions in certain economic sectors.’ Unlike other solutions, increasing green space also has a wider range of benefits, including increasing biodiversity, improving aesthetics, and providing ecosystem services like flood management. Plants do also come with their own drawbacks however, including emitting air pollution precursor substances and pollen and requiring maintenance and watering. Some plants produce high levels of biogenic volatile organic compounds (BVOCs), which can be turned into the secondary pollutant ozone when mixed with the NOx coming from traffic, warns Prashant Kumar.

and corrode it.’ Badly located green infrastructure can also make air pollution levels worse. ‘An ill-placed green space can concentrate air pollution unintendedly or block airflows that help to dilute pollutants or facilitate the exchange with other air layers,’ says Arnt Diener.

‘If you have thousands of trees across the city, the BVOCs might not be affecting you directly, but they will be a major contribution to ozone formation, which is the bigger problem. Ozone is a gas which is oxidising, so it can react with the materials in the buildings or the steel

wind direction relative to the street. They argue that planting is most effective in focused ‘hot spots’, such as schools and busy road intersections. However, an important limitation is that the most polluted areas of cities are often those with very limited space for planting, greatly reducing

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How can planners maximise their benefits? To maximise the effectiveness of green space, Prashant Kumar advises: • A voiding plants that are high in pollen or BVOCs • C hoosing low maintenance plants that do not need lots of water or grow too fast • S electing plants with smaller, complex leaves, as they have a larger surface area for pollution to deposit on According to the AQEG, the effect of trees on air quality can be dependent on a range of factors that local authorities and designers must consider, including street design, number and location of trees, species and canopy density, time of year and

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the potential of mitigation using these methods. Tech solutions are being developed to address this issue, such as Green City Solutions’ CityTree. The CityTree enhances the natural ability of moss to eat pollution particles by using artificial wind streams. ‘Moss is an ancient plant and one of the first on our planet, and it learned to absorb everything it needs for growth from the air because it does not have roots, meaning that nutrients and water have to be absorbed over the whole surface,’ explains Peter Sänger, Co-founder and CEO of Green City Solutions. ‘On the particle level, we see absorption rates from 30 to 98% depending on the particle size - the

bigger they are the easier it is to be attracted because the moss surface is kind of a carpet, so it is a dense surface where the particles are passing by or getting accumulated within and the filter layer is able to digest these particles. ‘This means the effect is long lasting and durable and it takes between 26 and 30 days. The mosses eat up these pollution particles and then they are free before attracting new ones.’ He explains that biotech can help make nature-based solutions to air pollution viable in urban environments: ‘We see that very often you don’t have the space or the right situation for planting a tree or a bush or allowing green space because space

CASE STUDY: PLANTING TO TACKLE POLLUTION IN BICESTER Cherwell District Council have recently begun an environmental planting scheme in Bicester as part of a wider programme of works to improve air quality and create healthier communities. In order to maximise the benefits of the scheme, the Council chose to complement the benefits of new green space with improved active travel networks. ‘While the new landscaping will help to naturally absorb some harmful emissions, the area is designed to complement a new walking and cycling network, helping residents to take fewer trips in the car and further combat air pollution,’ explains Rosie Rowe, Cherwell District Council Head of Healthy Place Shaping. She concludes: ‘Environmental planting on its own will not be enough to combat air pollution, but used in the right way, it can be an important, costeffective part of the puzzle, while having wider benefits to the general wellbeing of residents. I would urge other councils to consider this approach, remembering that even a relatively small space can make a real difference.’ 12

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is limited and its highly valued, and that is why it is often very useful to use CityTrees or biotech solutions in combination with other greening, and that is highly dependent on the need the city has and the situation on site.’ The one thing that everyone can agree on is the need to take a holistic approach when using plants to tackle air pollution. ‘There cannot be a blueprint solution for designing a green space intervention for air quality. How green spaces interact with air pollution depends on their respective properties and on locational factors like the climate or wind regimes. Urban planners can thus combine these factors to prioritise green space interventions within a given area and to guide their design and management,’ says Arnt Diener. ‘If you want to exploit all these benefits to their best potential then you have to think more holistically about what kind of benefit they can bring. You don’t want to be putting green infrastructure all over the place thinking it will solve the problem,’ agrees Prashant Kumar. It is clear that there is no right way to use green space to tackle air pollution, but by taking a holistic approach and considering a range of factors, local authorities can make substantial air quality improvements through something as simple as planting.

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Feature

Should healthcare professionals do more to warn their patients about the risks of air pollution? Healthcare providers have an important role to play in informing patients about the risks of air pollution, but they are only one part of the jigsaw, Tamara Krivskaya reports.

n February, the Mayor of London said the NHS should step up its efforts to inform patients about the risks of air pollution. The announcement followed a verdict on the death of nine-year-old Ella Adoo-Kissi-Debrah, who passed away in 2013 following a fatal asthma attack and was the first person in the UK to have air pollution listed as a cause of death. She lived in Lewisham, South London, close to the busy North Circular Road. The judge concluded that not enough was done to protect her, that health professionals knew far too little about air pollution to help her, and that her family weren’t provided with the information they needed to do what they could to reduce her exposure to air pollution. Dr Andy Whittamore, Clinical Lead at Asthma + Lung UK and a practising GP, says: ‘Long-term exposure to air pollution can cause some people to develop lung conditions including asthma. It has also been linked to an increased likelihood of developing heart conditions, suffering strokes, and developing dementia, as well as worsening mental health outcomes. ‘It is harmful for everyone, but some groups are more vulnerable, such as pregnant women, children, older people, those living with lung conditions and those on the lowest incomes who tend to live in urban areas where there are higher concentrations of air pollution.’ Trust Air Quality Manager at Guy's and St Thomas' NHS Foundation Trust, Tanja Dalle-Muenchmeyer, adds that Covid-19 has brought respiratory health into focus. She says: ‘Exposure to air pollution is also likely to make us more susceptible to other diseases affecting our airways and/or the severity with which we experience these. A report led by Imperial College’s School of Public Health's Environmental Research Group published in September 2021 found that long-term exposure to elevated levels of air pollution increases the risk of hospitalisation from Covid-19.

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More research into this area is needed but what we know so far all points towards the need to improve air quality to increase our resilience to respiratory disease.’ Tanja continues: ‘Air pollution is now considered the largest environmental risk to public health in the UK. Its impact includes well-established effects on our hearts and lungs, but our increased understanding now also shows the damage poor air quality can do to every single organ in our body and our mental health too.’

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According to recent statistics from Asthma + Lung UK, 77% of people living with asthma say that air pollution effects their health and wellbeing and 55% say they have difficulty breathing when air pollution levels are high. Statistics outlined in the Clean Air Hospital Framework show that air pollution causes over 20,200 respiratory and cardiovascular hospital admissions per year in the UK , for asthma, coughs, bronchitis, lung cancer and pneumonia. London has some of the worst levels of air pollution in the country and, according to some figures, poor air quality is responsible for triggering asthma attacks in around 337,500 Londoners registered with the condition. Moreover, more than 1 in 10 children in London have asthma. Ruth Fitzharris, whose son suffers from recurring asthma attacks, was told by a respiratory consultant that air pollution is likely to be exacerbating his symptoms. Their family lives in North London. ‘There are 30 children in my son’s class. In the first term, three of them were hospitalised with asthma attacks, which I just think is madness. It’s not like the school is even near a busy road,’ Ruth tells Air Quality News. When her son received his diagnosis, Ruth said that advice from medical professionals was limited: ‘[The consultant] just told me to take back street routes where I could. That’s all he said, though.’ Ruth continues: ‘Imagine you’re pregnant and a midwife tells you air pollution is harmful to the unborn foetus. I

mean, what are you going to do at that stage? It’s not like you can just up sticks and move house to an area with lower air pollution, can you? ‘It’s not like living in a quiet rural area would even guarantee low air pollution because you could be living next to someone who is constantly burning wood stoves. It’s almost inescapable.’ Ruth says she has been following doctors’ advice but she’s unsure if it’s making a significant difference: ‘I do take backstreet routes where I can and there’s certain places I don’t take my son. I don’t take him to high streets or grocery shopping, for example. But no one can really measure how much of a difference that makes.’ Tanja says that, while there are significant limitations to what doctors and patients can do individually, this does not negate the role of healthcare professionals, who still have a huge role to play in sign-posting patients with information about air pollution and limiting its effects on public health. ‘It’s not about stoking fear but about helping patients understand what actions they can take to reduce their own exposure as well as their own contribution to the problem. This information needs to be delivered in an empowering way,’ she says. She adds that there is a range of practical advice medical professionals can give, such as encouraging patients with lung conditions to use their preventer inhalers, which build up protection in the airways over time, as well as monitoring the

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levels of air pollution on days where you intend to be outside. Adults should also be encouraged to quit smoking indoors and stop using wood burning stoves, which produce high levels of indoor air pollution. She continues: ‘Much of the air pollution we are exposed to may be background driven, but that does not mean we have no power to take action. Simple advice we can give to most patients includes signing up to air pollution alerts to know when to take action, leaving the car behind, taking side streets when walking and cycling, and keeping indoor air well ventilated.’

Dr Whittamore echoes this view: ‘For patients thought to be at risk, they can outline both the long-term health impacts of air pollution and its sources, as well as the short-term exposure reduction measures that people can take to protect themselves, especially those in vulnerable groups. ‘Encouraging patients with lung conditions such as asthma to take their preventer medicines is a vital way the NHS can help, but sometimes getting this message to stick is a challenge, especially because it’s all too easy for routines to slip.’ He admits, however, that environmental justice plays a large role in tackling air pollution: ‘Healthcare professionals 16

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can only do so much in terms of protecting and helping patients. The real changes need to be made outside of the NHS to reduce the levels of toxic air in order to improve the nation’s health long term, especially in deprived areas where levels are often dangerously high.’ It is also worth noting the role of cars as accessibility aids for many disabled people. Advice which involves ditching the car and cycling or walking instead, while good for pollution levels, risks excluding those who rely on cars for essential transport. A report by climate charity Possible and the University of Westminster’s Active Travel Academy revealed that disabled people often feel ‘left out’ of planning decisions which aim to reduce emissions. Medical professionals must take care to tailor their advice to individual circumstances, rather than making sweeping recommendations. As the authors of the report conclude, a transition away from cars has to be ‘fair for everyone’. Dr Whittamore concludes: ‘Social and environmental justice has to be at the heart of our work to clean up toxic air pollution. It is not right simply to ask those most vulnerable to air pollution due to health conditions, or those living in more deprived areas to change their behaviour. Particularly when those who are more deprived are less likely to be causing the levels of pollution in their areas. In 2019, for example, just over half of those on the lowest incomes had access to a car or van, compared to almost 90% of those on the highest incomes.’ Evidently, the approach to tackling high levels of air pollution and the threat it poses to public health needs to involve healthcare professionals. They have a large role to play in informing the public about the risks of air pollution and individual mitigation measures available to them. However, this is not enough in and of itself. Individuals can be limited by finances or access needs in what actions they are able to take, and healthcare professionals must take care to account for this in the consultation room. Clean air zones, investment in green public transport and national awareness raising campaigns all play an important role in protecting us against the effects of air pollution. Healthcare professionals are just one piece of the jigsaw.

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CLEAN AIR & ENVIRONMENTAL LAW An Air Quality News Special Report

• The climate litigation and contract law boom • Using human rights law to fight for healthy air • UK environmental policy post-Brexit

Special Report

Legally bound: The climate litigation and contract law boom Martin Guttridge-Hewitt explores how activists pushing green agendas through courts, and lawyers adapting business practices to reflect the crisis, are signs of an environmental groundshift in public and private legislation.

n spring 2021, the UK Government lost a major judicial ruling. After years of warnings, the Court of Justice of the European Union found in favour of environmental law charity ClientEarth due to Westminster ‘systematically and persistently’ exceeding legal limits on nitrogen dioxide (NO2) since 2010 and failing to tackle Britain’s national air quality crisis. Of course, there’s a glaring problem - exiting the EU in January that year means Britain isn’t beholden to Brussels. You could argue the ruling is largely symbolic, then, albeit fines could still ensue. But the case reflects a rapid rise in climate litigation

actioned by campaign organisations, individuals and businesses, against private and public bodies for environmental negligence. In July 2021, the London School of Economics’ (LSE) Grantham Research Institute on Climate Change published a report supporting this point, citing ‘unprecedented’ numbers of key climate litigation judgements in the preceding 12 months with ‘potentially far-reaching impacts’. Since 2015, when the Paris Agreement was signed and then-Bank of England Governor Mark Carney delivered his speech on the climate crisis and its existential threat to economies across the world, 1,006 environmental cases have been

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brought to trial. That’s over half the 1,841 ‘green lawsuits’ undertaken since the first was heard in 1986. ‘Climate litigation is definitely increasing,’ says Catherine Higham, Environmental Law Professor at LSE, currently coordinating the leading collection of climate-relevant laws and policies, with input from every country on the planet. ‘Much of this is brought about by NGOs and activists and can be traced to frustrations that these groups may feel regarding the mismatch between the urgent warnings of the scientific community and the relatively slow pace of climate action from governments and companies. However, not all cases

Special Report

are like this, several key examples have been brought by shareholders or employees against company directors, as well as cases between different levels of government.’ Higham is quick to point out that while legal action to advance climate action is on the rise, so too are challenges to new environmental policies from those whose livelihoods will be adversely affected by actions like lowering emissions and net zero transition. Overall, the most significant proportion of cases so far have been filed against governments, which find greater success rates compared to those levelled at companies. ‘We’re seeing an increasingly diverse set of arguments being deployed against corporations and other private sector actors – focusing, for example, on misinformation and greenwashing, or on the need to align policies with national and international targets,’ she says, nodding to the US as a global leader in climate litigation case volume. ‘The most high-profile [US cases] are those filed against the Carbon Majors by cities and states seeking contributions to the cost of climate change adaptation measures. These have been caught up in lengthy procedural arguments about whether they should be heard before state or federal courts, but recent decisions suggest some may now proceed to trial. ‘In Europe, there has been a series of recent successes in high profile challenges to the inadequacy of government action from apex courts in countries including the Netherlands, Germany, Ireland, and France, which may lead to many more actions being brought. These are also contributing to an increase in cases against companies in the same jurisdictions,’ she continues. ‘While most climate cases are still filed in the Global North, there are growing numbers in the Global South, particularly Latin America. These often rely on constitutional protections for the right to a healthy environment.’ Climate litigation is rapidly rising, then, and represents the most visible sign of the crisis influencing national and international law in practice. But those working in the profession

say issues like worsening air quality, changes to global temperatures, rising sea levels, and the rate of associated disasters and events are also having a profound effect on day-to-day contract law and insurance. Nigel Brook is a partner at law firm Clyde & Co, heading up the reinsurance team. For the past five years he has also led on the organisation’s Resilience and Climate Change Risk campaign. Speaking to Air Quality News, he starts by explaining a major culture shift began across his sector in 2019, when the Bank of England introduced new regulatory expectations around climate change, instructing insurers and banks to begin actively looking for climate risk to assess by the end of 2021, rather

serious realisation among clients [that the climate crisis] is real.’ This increased awareness of climate change and its risk to business has seen some firms completely exit the so-called ‘catastrophe market’, essentially stopping underwriting property against disasters. Brook says modelling used by insurers is sophisticated, and predicts levels of loss incurred by something like a hurricane based on magnitude and path. But as he explains, such simulations are no longer reliable because events are rapidly increasing in prevalence, citing Houston, Texas, where three ‘500-year’ floods considered to have a one in 500 chance of occurrence - happened in just 18 months.

than waiting for this to be requested. ‘They had to improve climate governance and develop a climate strategy, carry out climate scenario testing, for physical risk, liability, and risks associated with transitioning [to environmentally friendly policies like net zero],’ says Brook. ‘Last year the biggest insurers were forced to conduct quite a detailed stress test, and that has prompted a lot of activity. But it’s beyond that - there has been a

The situation is making experts consider a different approach to holding risk. Traditionally, insurance is about indemnification - the insured is paid compensation by the insurer to cover the costs of any event they are insured against. There’s increasing thinking the climate crisis era means this model should be replaced by what is known as parametric insurance. Simply put, when a predetermined parameter is passed, such as sea

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Special Report

temperatures around a coral reef reaching a certain level, pay-outs are triggered before damage takes place, so the insured is better placed to mitigate losses resulting from the event by taking direct action immediately. Altering perspectives on risk also includes the ability to cover multiple stakeholders, for example, NGOs working to protect that reef, tour companies and hotels reliant on travellers drawn in by the reef, and community groups. And it may even be possible to ‘hedge’ policies based on risk sharing, bringing together parties with opposing vulnerabilities. Hypothetically, a business susceptible to high temperatures could therefore share a policy with another that will be adversely affected by extreme cold spells, offsetting costs to one half of the policy through payments into the other. ‘The Chancery Lane Project is an initiative launched by lawyers twoand-a-half years ago. Like many good things, it was born out of frustration,’ says Zaneta Sedilekova, specialist in climate and biodiversity risk, global supply chains and finance, and associate at Clyde & Co, the first major firm to join the Chancery Lane 22

Project. ‘The legal definition of a contract is a meeting of wills between two parties, law restricts content only insofar as preventing illegal activities. You can agree on anything, really. So, Chancery Lane is about redrafting those agreements with climate clauses.’ The repercussions are significant. Hundreds of London firms are now participating and contributing to the project, alongside many beyond the UK capital. Common clauses are being redrafted by pro-bono teams with the climate in mind. These contractual blueprints can be accessed by anyone, and only need moderate additional work to tailor them to a company’s specific circumstances, significantly reducing costs compared to drawing up completely new agreements. This means major economic actors can create meaningful change across borders without the need for the often lengthy process of policy being enacted at government level. ‘So, if you are contracting a supplier, you can set a net zero target and ask the supplier to do the same,’ Sedilekova continues. ‘By monitoring reporting every year, you can build in incentives… Science tells us that to

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be net zero by 2050, we must reduce emissions by 7% each year. That’s great, but if a supplier goes beyond, say a 14% reduction, the buyer could pay for those extra points. All of a sudden, a mechanism exists to incentivise fast reductions, making more companies want to achieve it.’ With individuals and groups more empowered to begin climate litigation action, a changing insurance landscape placing the crisis front and centre, and key stakeholders taking targets into their own hands, a groundshift is visibly underway. However, as Sedilekova tells, this presents new challenges to her profession, with growing demand for lawyers with skills like data analysis, which are not traditionally part of legal training but often vital in climate cases. Meanwhile, the fundamental reason many of these steps are being taken in the first place is nothing short of alarming, and damning. As our conversation draws to a close, Sedilekova puts it into better words than we ever could: ‘I think it’s important to see examples like climate change litigation as something people don't want to do. They do it out of despair, they do it out of a lack of action by others.’

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Legal

A new frontier: using human rights la healthy air in the courts Irmina Kotiuk, Senior Lawyer and Fundamental Rights Specialist in the clean air programme at environmental law charity ClientEarth, explains how human rights law can be used to ﬁght for clean air.

here is by now overwhelming scientific evidence showing that air pollution has disastrous impacts on people’s lives. Yet courts are only just beginning to recognise the link between one’s health and the levels of air pollution in their environment. The concepts of right to life and right to health are well-established human rights concepts and we are gearing up to see them applied more and more to air pollution. The courts’ slow recognition of the impacts of air pollution on people The damages caused by air pollution to people’s health is, by this point, unequivocal. Air pollution affects the health and quality of life of people across the world on a daily basis. World Health Organization (WHO) experts decided that the new evidence on the adverse effects of air pollution demanded a response – and as a result made their guidelines more stringent in September 2021. Let us not forget that protecting people's health is not only essential for wellbeing, but it also has tangible economic benefits. Analysis carried out by the Confederation of British Industry concluded that work absences related to poor air are costing Britain about £600m annually. While the evidence base on air pollution impacts is

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strong, judges have been slow to catch up. Two recent cases are changing this - by bringing the dangers of air pollution beyond statistics to an acutely personal level. In 2020, a court in France quashed an expulsion order against a Bangladeshi immigrant living in France because his country of origin has very high levels of air pollution that would be detrimental to his asthma. The court recognised the link between the man's asthma and air pollution in Bangladesh. It acknowledged that his asthma would be aggravated there and, combined with the standard of healthcare in Bangladesh, that would significantly increase his risk of death. UK readers will also be familiar with the case of Ella Adoo-Kissi-Debrah, who lost her life to a fatal asthma attack in 2013. Thanks to her mother’s tenacity, a London coroner recognised in 2020 that the 9-year-old had died of “asthma contributed to by exposure to excessive air pollution’. The coroner’s unambiguous finding about Ella is a legal first in recognising the role air pollution has played in an individual’s death. While these cases do not technically set precedents, the possibility of making the link between excessive air pollution and health or life protection in a court of law now seems like less of a leap. And on top of that, the possibility of including human rights arguments can help air pollution victims build even stronger cases.

Legal

environmental disasters. In one of its cases, the ECtHR concluded that a flood created an imminent risk to the lives of local people as they tried to flee their homes to escape – despite them not suffering any injuries. There is no reason why this rationale shouldn’t extend to air pollution. People who are exposed to air pollution far exceeding standards recommended by top scientists are exposed to a threat to life – even if that threat has not yet materialised. We will inevitably see more court cases in the future where claimants will invoke their right to life when States fail to reduce and control air pollution, which is having an impact on their health.

aw to fight for Engaging human rights in air pollution cases One-third of the world’s countries do not have any legally-binding standards on air pollution. Even where such laws exist, standards often misalign with what top scientists at the WHO recommend. And alarmingly, when such laws are in place, some governments like the UK Government are openly flouting those rules. That’s why ClientEarth, on top of continuing our work to make sure that national governments respect their own laws on air pollution, is also exploring ways to make sure that people live in an environment where healthy air is the norm. As a human rights lawyer, I approach the air pollution issue from the perspective of fundamental rights. The health damage and risks to life posed by air pollution naturally extend to the questions of protecting the right to life and the right to health, which are well-established concepts within the human rights legal framework. Right to life The legal basis is particularly strong when it comes to the right to life. The United Nations Human Rights Committee couldn’t have been clearer: the duty to protect life implies that States should take appropriate measures to address environmental degradation as it constitutes some of the most pressing and serious threats to the ability of present and future generations to enjoy their lives to the fullest. The same applies in Europe. The European Court of Human Rights (ECtHR) recognised the risk to life from

Right to health Another important right that one may invoke in the legal fight against air pollution is the right to health. Health-related cases have been embraced before the ECtHR mainly under Article 8 – the right to respect for private and family life. The notion of private life has been interpreted to cover one’s physical and psychological integrity including health. In the context of air pollution, the ECtHR clearly stated that air pollution is potentially harmful to health and makes people more vulnerable to other illnesses that can lead to a violation of their right to respect for private life. The ECtHR also stated that soot and respirable dust particles can have a serious detrimental effect on health, in particular in densely populated areas with heavy traffic. This opens up possibilities for clean air lawyers. If States are violating air pollution laws and limits, including those set by EU law or WHO guidelines, that may of itself amount to a violation of Article 8. Environmental law is going from strength to strength, as governments recognise the large amount of environmental hazards facing societies today. But when environmental hazards threaten the health and wellbeing of people, human rights law can also be applied to alleviate the burden of air pollution victims and ensure that governments are driven to action.

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Legal

The UK’s proposed legal limit on PM2.5 is ‘far from world-leading’ With a public consultation underway, Air Quality News explains what the government’s proposed PM2.5 targets mean for clean air legislation in the UK, and whether they are strong enough to tackle the dangers of exposure.

ast month, the UK government announced new targets to be included in the Environment Act 2021, including a legally binding target to reduce levels of fine particulate matter (PM2.5) to 10 micrograms per cubic metre (µg/m3) by 2040. The new targets, which cover water, air quality and biodiversity, also included a 35% reduction in population exposure to PM2.5 by 2040 compared to levels in 2018. Exposure to PM2.5 can trigger heart attacks and strokes, increase the risk of asthma attacks resulting in hospitalization, cause lung cancer and stunt the lung growth of children. The World Health Organization (WHO) recommends that concentrations of PM2.5 not exceed

an annual mean concentration of 5µg/ m3. The proposed targets are currently being subjected to an eight-week consultation period, where government will seek the views of environmental groups, local authorities and stakeholders. Environment Secretary George Eustice said the targets are intended to set a ‘clear, long-term plan for nature’s recovery’. ‘In a post EU era, we now have the freedom to move towards a system that focuses on nature’s recovery as well as its preservation, and which places more emphasis on science and less emphasis on legal process. This change in approach will help us in the pursuit of the targets we are setting under the Environment Act.’

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How do the targets compare with existing legislation? Existing legislation, called the National Emission Ceilings Regulations, sets binding emission reduction targets for a number of harmful air pollutants through to 2030. The key piece of air pollution law governs emissions of harmful pollutants across a range of sectors, including transport, industry and agriculture. The regulations were transposed from the EU National Emission Ceilings Directive and the Gothenburg Protocol to the UNECE Convention on Long-range Transboundary Air Pollution. Following a revision of the Gothenburg Protocol in 2012 to

Legal

include the first emissions reduction commitments for PM2.5, the UK’s law was updated to control levels of the harmful pollutant for the first time in the National Emission Ceilings Regulations 2018. For PM2.5, there is currently a single annual ceiling of 84.98 thousand tonnes of emissions in the UK between 2020 and 2029, set at a 30% reduction from 2005 levels. In 2020, the UK was compliant with this ceiling, with 80.1 thousand tonnes of PM2.5 emissions in the year. However, according to analysis of government data by ClientEarth, the UK is set to miss its 2030 emissions reduction target by 45% for PM2.5. Katie Nield, Lawyer at ClientEarth, explained: ‘They are so far off track that a serious rethink is needed. The government should not have to be dragged to the courts yet again to force it to live up to legal commitments to clean up the air.’ The UK’s Clean Air Strategy 2019 also set new targets to reduce people’s exposure to PM2.5, with the aim of halving the number of people living in locations above the WHO interim guideline of 10 μg/m3 by 2025.

of 10µg/m3 is achievable and costeffective across most of the UK by 2030. Director Jane Burston commented: ‘It’s astonishing Defra will make us wait to 2040 for better air quality. It means thousands of unnecessary deaths and illness from air pollution. Our research with Imperial College London showed a 2030 target is feasible with existing and proposed policies.’ Clean Air Fund added: ‘Around 30,000 people in the UK die every year as a result of dirty air. Committing to meet the WHO-10 target by 2030 would help us make significant strides in tackling this. Our research showed that reducing air pollution to these levels would have significant impacts on public health across the population. These changes could result in children across the UK suffering an average

weak target”.’ In light of dangerously high levels of pollution in parts of the UK in March, UK100, the network of local leaders across the UK committed to ambitious action of clean air, argued that the government’s plan to meet WHO limits by 2040 is ‘not just lacking in ambition, [but] it is a dereliction of duty’. UK100’s Assistant Chief Executive Jason Torrance says: ‘The Government needs to urgently bring forward its ambition to meet WHO guidelines while matching the ambition of local authorities and giving local leaders the powers to implement regional air quality plans that mean residents can breathe easily. ‘Action on clean air comes with added benefits. Many of the measures that will help the UK progress on cleaning up our air will also accelerate

of 388,000 fewer days of asthma symptoms a year, as well as a fall in cases of coronary heart disease of 3,000 per year. ‘The government’s proposed target is attracting criticism from groups across the UK fighting against air pollution. Rosamund Adoo-KissiDebrah who lost her daughter to the effect of air pollution said: “The government has failed the whole nation and betrayed my daughter’s memory by proposing this incredibly

action on net zero, enhance our economy and improve everyone’s quality of life.’ Despite much anticipation surrounding the government’s proposed targets, experts have been left disappointed by the level of ambition shown by the government. With public consultation ongoing, individuals and organisations are encouraged to get involved and have their voices heard on the future of this important piece of clean air law.

Is the new target ambitious enough? The proposed targets to be introduced in the Environment Act have been met with widespread criticism from clean air experts. Non-profit legal organisation ClientEarth commented that the proposed air quality target would ‘fail another generation of children’. Katie Nield, lawyer at environmental law charity ClientEarth, said: ‘The target date that the UK Government is proposing is far from ‘world-leading’. It means that another generation of children will be exposed to toxic pollution far above what the world’s top scientists think is acceptable. Ministers need to seriously reconsider their proposal.’ Clean Air Fund also joined other campaigners in challenging the proposed targets, after a recent study from them in collaboration with Imperial College London’s Environmental Research Group revealed that achieving air quality within the WHO’s interim target

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Legal

Green and pleasant land: UK environmental policy post-Brexit Leaving the European Union was sold on promises of freedoms and autonomy for Britain, including on climate matters. Martin Guttridge-Hewitt navigates the resulting legal maze to understand what taking back control means for the planet.

lmost eight years after the referendum, Britain’s EU exit remains incomplete. As of spring 2022, an overwhelming amount of legislation still needs updating, and few areas make this clearer than climate issues. Since formal departure from the bloc in January 2021 there has been movement, most notably with the Environment Act 2021 passing Royal Assent before Christmas. But in many areas the paper only introduced frameworks to set new targets. Air quality is one example, with specific limits only revealed last month and currently undergoing consultation. The most dangerous emissions - fine particulate matter (PM2.5) - will be halved to 10 micrograms per cubic metre by 2040 and population exposure reduced by 25%, compared with 2018 levels. These figures go further than pre-existing European directives, but are double recent World Health Organisation guidelines, with the EU also working to update its own policies. Any progress on air pollution is welcome, but the UK’s unique situation post-Brexit has created a quagmire of laws that could pose a threat to early environmental progress. Simply put, clarity on what new legislation looks like is slow to emerge, and, as Professor of Environmental Law at University College London (UCL), Eloise Scotford, explains, questions also hang over implementation. ‘The majority of EU environmental law that applied to this country pre-exit has been retained. In that process, there were gaps, which is the motivation for what is now the Environment Act and Continuity Act in Scotland. Legislation is planned in Wales, but this has been held up politically, and Northern Ireland is in a very complicated position,’ says Scotford. ‘The puzzle is putting this together with what we retained from EU law under the Withdrawal Act 2018. In England, there’s a huge volume linked to the Environment Act, so legally it’s very tricky to read these bodies together, because they’re both on-the-foot. ‘The issue is that we are faced with two tier regulation. And there is a risk that the uninitiated will just go to the

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Environment Act, look for the targets, and say that’s our environmental law post-Brexit. But, actually, the majority of air quality standards right now are in retained EU law, and this has stronger enforcement architecture because the legal consequences of standards being breached are harsher,’ she continues, citing the European requirement that exceedances of air pollution limits are addressed in ‘as short a time as possible’, while the UK Environment Act uses less instructive wording: ‘as soon as reasonably applicable’. Although less publicised, a new Air Quality Partners programme is also big news for the UK. Not least because it finally recognises that local authorities, long forced to hold most of the responsibility for air quality, find success difficult because the effects of pollution are felt in the local area, but the sources may not fall in their jurisdiction. Effectively, they can be powerless when it comes to addressing many problems. ‘Air Quality Partners now means local authorities can identify the big source of air pollution at the moment, let’s say a highway, and bring in whichever authority is responsible for regulating it to work on a solution,’ says Scotford, emphasising that in return for greater powers to tackle the issue, there will now be much more pressure on and penalisation of local authorities that fail to act. However, glaringly, there has so far been no word on increased resources or funding for this.

Legal

‘We’re beyond air quality being a siloed part of local authorities, so having investment in air quality personnel is important and integrating within wider structures is crucial. There is potentially hope authorities will get more assistance from organisations involved in the air quality partnerships, too, which could create efficiencies,’ she replies when asked about advice for councils. ‘A worst case scenario example would be every authority asking Highways England to be their Air Quality Partner separately - that would be a bureaucratic mess,’ Scotford continues. ‘But if they join together and say “actually, many of us need to have this arrangement, why don't we do it together?” you can imagine that being quite effective.’ Whatever differences policies and laws make, public authorities bound either to comply or enforce are now subject to scrutiny from the Office for Environmental Protection (OEP). Arguably the most significant development in UK climate policy post-EU, this new organisation sits above all others charged with climate defence, such as Natural England or the Environment Agency. ‘If you look at the pre-consultation draft of what they have been tasked with, and their ambition, it’s very much not about just doing the job, but thinking really strategically and carefully about how to resolve environmental problems,’ Scotford says of the OEP. ‘They want to involve

stakeholders, including the public, so there’s a sense of them being very open and wanting lots of input. They’ve got excellent staff, and a really exciting agenda.’ Air Quality News approached a spokesperson for comment on the organisation’s overall position, and they fed back details on a role that has only been active for a matter of months. ‘Our principal objective is to contribute to environmental protection and the improvement of the natural environment. We will do this by holding the government and public authorities to account against environmental laws and targets,’ says Natalie Prosser, OEP interim CEO. ‘We are preparing to publish our first monitoring report of the government's progress against the 25 Year Environment Plan,’ she continues. ‘We will also be responding to a number of government consultations, including on environmental targets, where we will be pressing for targets that reflect the urgency of the situation and the scale of the challenges faced.’ Scotford is optimistic about the OEP’s potential to be effective and based on Prosser’s remarks it’s not hard to understand why. But, as is clear in recent criticism of a chronically underfunded and short-skilled Environment Agency, not to mention the enormous damage already wrecked on nature across the countries and the mess of laws, the road to a greener, healthier, and more pleasant land postBrexit looks long and rocky.

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The Big Interview

Geraint Davies MP on achieving clean air in the UK Air Quality News editor Chloe Coules speaks to Geraint Davies MP about the UK’s proposed air quality targets, preventing an increase in domestic burning as fuel poverty rises, and becoming a global leader on air pollution.

Through his role as Chair of the All-Party Parliamentary Group (APPG) on Air Pollution, Geraint Davies has been championing air quality in parliament for many years. He first tabled the idea of a Clean Air Bill back in 2014 and received the backing of more than 100 parliamentarians. He also regularly holds the government to account on issues ranging from air quality targets to wood burning. Through his experience as an MP in Croydon, Mr Davies witnessed the impact of air quality on urban communities. Now the MP for Swansea West, he is faced with a different range of constituent issues, but air quality is still at the front of his mind. ‘The more you look into this, the more you are aware of the threats and dangers that surround you. Once you tell people the dangers then they become more interested in the problem, but it is something that has sadly been neglected, partly because of the interests of car manufacturers and petrol companies,’ he tells Air Quality News.

three UK households could end up in fuel poverty as energy bills soar due the Ukraine crisis, Mr Davies says that there is a risk that many people will burn wood to escape rising gas prices. ‘Clearly the government needs to come up with radical plans to combat fuel poverty, and the answer is not for people to just burn a load of wood. It is to ensure that we have got affordable gas and petrol in the short term, as we move over to renewables.’ He tells Air Quality News that we need to invest in natural energy solutions as part of a strategy to tackle the cost-of-living crisis: ‘The government really should be getting behind scaling up in a mass-market way opportunities for harnessing natural energy as part of solving the social justice issue around people having affordable heat. We should not resort to burning wood, however in the short term, I appreciate there is a bit of a problem.’

Preventing an increase in domestic burning

Becoming a global leader

Mr Davies is particularly concerned about increasing numbers of people in the UK turning to wood burning stoves to heat their homes. ‘There is two and a half million people with them already, and wood burning stoves are worse in terms of the rate of particulate emissions than HGV trucks. The idea that there is a Defra-approved wood burning stove is a bit like me saying to you, “Smoke filtered cigarettes – they are not harmful”.’ With the End Fuel Poverty Coalition warning that one in

Geraint Davies thinks that the UK has an opportunity to become a global leader on clean air, but he fears we are not taking full advantage of this chance. ‘The government did bring forward the Environment Act last year, however they failed to use the opportunity of hosting COP26 to implement immediate enforceable World Health Organisation air quality standards to save people’s lives, as a showcase to the world of a way of combatting the 8.7 million people who die each year prematurely from air pollution globally.’

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The Big Interview

He argues that in the wake of Brexit and the war in Ukraine, it is important that the UK focuses its efforts on taking leadership on green issues and creating future technologies to export. The false presumption is that investing in green technology or saving people’s lives is somehow something we cannot afford. It is important that we do what we can to double our efforts to deliver exports, because we are now dealt a more difficult hand to negotiate trade terms [post-Brexit], so we have got to have better products to sell. Taking leadership on the future stage, which is obviously a green stage, is very important. ‘Both to save the world, and speed up our economies towards saving the world, the British economy should be

Britain is consistent with supporting our democracy.’

ahead of the game, and having self-imposed constraints like World Health Organisation air quality standards helps focus the manufacturing effort to get ourselves ahead of the game and into global leadership, rather than lagging behind and importing other people’s technology.’ Mr Davies tells Air Quality News that the Ukraine crisis is also a ‘wake up call’ that the power of big countries challenging democracy is fed by the West buying fossil fuels. ‘This is part of a bigger picture: solving air pollution and generating products that help is a part of the picture for [tackling] climate change, but also in some strange way supports our democracies as well. A greener and stronger

He tells Air Quality News: ‘The UK Government proposal that we only aim for PM2.5 target of 10µg/m3 at a few official monitors between 2037-2040 represents an early death sentence for tens of thousands of people caught in a toxic urban environment. ‘We know that a PM2.5 target of 10µg/m3 by 2030 is achievable if we take decisive action on monitoring and reversing the growth of wood-burning stoves, that air pollution costs 62,000 deaths and £20 billion a year. The Government has a duty to protect lives and public health before the interests of big oil and motor companies and should reverse this reckless proposal.’

Setting air quality standards The government recently proposed including a legally binding target in the Environment Act to reduce levels of fine particulate matter (PM2.5) to 10 micrograms per cubic metre by 2040. However, this highly anticipated target has been met with disappointment from campaigners and the air quality industry for not going far enough to tackle the dangers of PM2.5 Geraint Davies adds his voice to the criticism, calling the proposed targets a ‘death sentence’ for thousands of people exposed to toxic air.

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International

Paris must now ‘walk the talk’ on clean air

On paper, Paris’ clean air strategy is world-leading, but campaigners are increasingly concerned that frequent delays will leave an air pollution picture in the city that is a far cry from what was promised, discovers Chloe Coules.

o one can deny that the City of Paris is ambitious on air quality. From banning all diesel vehicles to creating school streets in front of the 300 most polluted schools in the city, the plans outlined by the Ville de Paris would make the city a global leader on tackling air pollution. However, in practise plans to curb air pollution levels in the city have been met by many obstacles. According to Airparif, a network that monitors the quality of the air in the city, road transport is one of the leading causes of air pollution in Paris, representing more than half of nitrogen oxide emissions in 2017 and nearly 20% of PM10 and PM2.5 emissions. To combat this, the Mayor of Paris Anne Hidalgo introduced a range of

The city’s LTZ has been delayed from early 2022 to 2024, the phase out of diesel vehicles is also being delayed to 2024, and the parking fees for two-wheel vehicles have been delayed until September, after being set to be introduced in January. On top of this, campaigners say measures may be watered down in practise. Pierre Dornier, Coordinator of Clean Cities Campaign France, tells Air Quality News that it is ‘quite likely’ that not all diesel vehicles will be banned in 2024, with a risk that it will only cover cars and not vans and trucks. He also explains that the €250m investment in creating 180km of cycle lanes inside Paris is being spent on building on quiet roads with little Why are measures being delayed?

measures to improve air quality in the city, including banning all diesel vehicles, introducing a low traffic zone (LTZ), creating school streets in front of 300 of the most polluted schools, building 180km of extra cycle lanes in the city, enforcing parking fees for motorbikes and mopeds, and scrapping half of the city’s surface car parking spaces by 2026. Despite bold leadership shown with these measures, most of them have yet to materialise. 32

traffic instead of the big boulevards which are most important. Clean Cities Campaign published a School Streets Observatory, finding that only 9% of the 300 most polluted schools currently have school streets, so if the City of Paris are to reach their aim of 100% by 2026, they are going to need to accelerate their plans substantially. Pierre argues: ‘Paris must now walk the talk if they want to show that they are serious about cleaning up the air.’

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The disparity between the city’s clean air plans in theory and practise raises questions about whether the strategy is unrealistic. However, Pierre argues that this kind of ambition is proportionate with the urgency that air pollution creates: ‘I think [the plans] are realistic, because air pollution and premature deaths are a reality. They need to act quickly and strongly, and the Covid-19 crisis shows very clearly in Paris and a lot of different cities that you can actually do a lot of things in very little time.’ In response to questions about the delay, Deputy Mayor of Paris David Belliard told Le Parisien: ‘We are talking about a very ambitious project. It is normal to give yourself time.’ However, Pierre says the plans did not need delaying: ‘The reason Greater Paris gave [for the LTZ delay] is because they do not have the means to control the Low Emission Zone, which is true. In France at the moment,

International

you are not allowed to install CCTV systems to check who is entering and exiting the Low Emission Zone, like is the case in London for example. ‘Now this does not mean that they have to delay the whole thing for that, but this is their argument. They are also saying that financial help is not ready for everybody, so they do not want to force it too much, because then it might be unfair for certain people. But here again, I’m not sure this is a real issue, because there are alternatives.’ ‘I think it is a bit of an excuse to be honest, and they definitely could keep the current calendar – they have been preparing it since 2017.’ Is the Olympics a help or a hindrance? The City of Paris have made the decision to coincide their clean air plans with the city’s Paris 2024 Olympic Games, in a bid to show that hosting the major sporting event can be a driver of positive environmental

change. ‘Paris wants to show that you can host the Olympic Games and at the same time be an environmentally responsible city, in terms of construction and also in terms of air pollution. So that is why they chose 2024 for the ban of diesel vehicles,’ explains Pierre Dornier. However, he argues that in practise, the Olympics have the potential to act against air quality. ‘Now what we see is that the Olympic Games can actually play against air quality, because when you organise the Olympic Games you have tonnes of works to do, so very big priorities with huge budgets. If you have to choose between building a cycle lane and finishing the stadium where the Games will take place, you will definitely prioritise the stadium. If you have to choose between creating a Low Traffic Zone and finishing the Olympic swimming pool, you will definitely prioritise the Olympic swimming pool. ‘So, this is why we said that it is absolutely not a good idea to delay the

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Low Traffic Zone to 2024, because it will be the lowest of the priorities for politicians because of the Olympic Games. ‘We also see that works linked to the Olympic Games can create air pollution. There is a very specific example in the north of Paris in a municipality this is called Saint-Denis, that will host the Olympic Village. For this Olympic Village, they are creating new roads around a school that is already three times above the WHO guidelines for NO2. With these new roads for the Olympic Village, the air pollution is going to increase even more – there are 600 children in this school. So, this is an example of how the Olympic Games can also play against the air quality in Greater Paris.’ Despite big ambitions, Paris is yet to see substantial concrete action to tackle its air pollution levels. If the city wants to cement its status as a worldleader on air pollution, it must first deliver on its promises and prove that air pollution is a priority. 33

Local Government

Leading the way to cleaner air Bradford Council explains how it is taking action to improve air quality for local communities through its new Clean Air Plan.

radford council is leading the way to cleaner air through its new Clean Air Plan (CAP), developed to deliver an integrated approach to reducing road transport emissions of air pollutants and greenhouse gases and improving health in the Bradford District. Road transport emissions are a significant source of poor air quality and health in Bradford and are also one of the most challenging sectors in tackling greenhouse gas reductions. Against the background of the Covid-19 pandemic Bradford Council has developed an integrated Clean Air Plan (CAP) and is now delivering the measures that will see a step change in emission reductions and improvements in health. The CAP is required to achieve compliance with legal limits for air quality in the shortest possible timeframe as well as improving the health of Bradford residents and reducing road transport emissions of greenhouse gases. CAP development Bradford were served a ministerial direction in 2018 to develop a plan to improve air quality within the shortest possible time. The Council worked with the Joint Air Quality Unit (JAQU) to establish the most cost-effective

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Local Government

way to achieve the primary success factor which was to meet legal compliance for nitrogen dioxide. Many different options were modelled including electric buses, park and ride, cycle lanes, an alternative energy centre, try before you buy for EV taxis and changes to domestic heating, however the Clean Air Zone (CAZ) was found to be the only option that had the ability to meet the objective of becoming compliant for nitrogen dioxide across widespread areas of exceedance in the City and the only option JAQU would agree to fund. A further ministerial direction was subsequently served in 2020 to implement a class C Clean Air Zone. Bradford Clean Air Zone (CAZ) In March 2021 Bradford Council approved the introduction of a class C + Clean Air Zone. Commercial vehicles entering the CAZ will face a daily charge if they don’t meet the required emission standards. Private cars and motorbikes will not be charged in the Bradford CAZ but may be charged in other areas of the UK. The CAZ should reduce Bradford’s NO2 levels by up to 35%, complying with legal limits and improving air quality in all wards. CO2-equivalent (CO2e) emissions will reduce by 147,000 tonnes over the life of the CAZ. The CAZ covers 22.4 km2 and 16 km of digital ducting has been prepared, including 6 new digital rings around the City, over 200 enforcement cameras are now live. The Government has awarded the Council £39.3m to implement the CAZ, including Clean Air Funding to support local businesses to upgrade their vehicles to CAZ standard. This represents the highest funding award for a CAZ of this type in the UK. Bradford is keen to ensure local businesses can take advantage of the funding available, to date over 60% of Clean Air Funding has been allocated, including: • Upgrade of the 3,300 strong taxi fleet that is now 84% petrol electric hybrid or electric, with the support of £4m of electric vehicle grants to achieve a 25% electric fleet. • Upgrade of over 300 buses, ensuring all scheduled and tendered services meet CAZ standard. Evidence from the CAP is supporting the application for over 40 new electric buses in the District in 2023 through the Government Zero Emission Bus Fund (ZEBRA) • Defrayment of £7.4m to assist businesses to upgrade over 20% of all lorries registered in the District • Upgrade of up to 50 coaches in the District • Over 2,000 grants applied for £4,500 to upgrade vans to CAZ standard. The CAZ businesses support schemes provided by the Council have been commended by the Federation of Small Businesses (FSB) and Road Haulage Association (RHA). Evaluating the CAP Bradford has recently extended its monitoring network to include 7 continuous monitoring stations and around 400 diffusion tube monitoring sites to help evaluate the impact of the CAP. Further independent monitoring and evaluation is being undertaken by JAQU.

Health Impact Assessment (HIA) Born in Bradford (BiB), the renowned research arm of Bradford NHS, is undertaking an assessment of the health impacts of the CAP, the only such HIA in the UK and described by the Government as a project of national significance. BiB received £1.1m NIHR/NHS Funding. Working with Bradford Council the project has collected baseline data to inform the success of the CAP in improving health, and is keeping track of the project as vehicles move across to cleaner alternatives via the support programmes. The project has an emphasis on community engagement and inclusion. Involving communities, especially the young, raises awareness in the next generation and inspires future scientists. The project has worked intensively with 12 schools in 2021 both inside and outside the CAZ. The children are recruited as air pollution scientist and are provided with equipment measuring pollution on their daily journey to school.

The Council has also worked with partners to hold a creativity lab for local schools in 2021 where children were invited to find ‘solutions to pollution’. Following workshops at the schools an event was held at Bradford City Hall with BBC Look North in attendance. The event was hosted by Council Leader Susan Hinchcliffe and the children pitched their ideas to an expert panel. CAP Communications The Council has undertaken extensive publicity campaigns to promote the aims of the CAP and raise awareness of the CAZ, through various forms of media. Raising awareness of the health benefits of the CAP has cut through to the public and, unlike other authorities, the CAZ has retained widespread community support, with over 70% approval ratings. Bradford Council are committed to improving air quality and health in the District for everyone, residents, visitors and those who work here. We have been able to give the most generous grants in the UK and are looking forward to further clean growth in the City.

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Northern Air Quality Conference

25th May 2022 - The Midland Hotel, Manchester

www.airqualitynews.com/our-conferences/ For sponsorship information, please contact Jason on 07889 212414 or jason@spacehouse.co.uk 36

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Marketplace Enviro Technology Services

AS Modelling & Data Ltd

GRAMM SmogStop

RHT Industries Limited

Founded in 1983 and now active in over 67 countries with a multimillion pound turnover, ET has evolved over 37 years to become a global provider of air quality and emissions monitoring systems and servicing. The company sell and lease equipment, systems and services covering the monitoring of ambient air quality (AQM), continuous emissions (CEM) and indoor air quality. ET also supplies cutting-edge analytical equipment for scientific, process and research monitoring including the monitoring of greenhouse and toxic gases. The company operates out of a custom-designed 1700m2 factory featuring fully air-conditioned calibration and repair laboratories, in-house system manufacturing and dedicated testing and training facilities.

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GRAMM is the UK leading specialist in the design, supply & installation of environmental acoustic barriers. We have constructed literally 1,000’s of Km’s of acoustic barriers of all types of materials throughout the UK and Europe. GRAMM SmogStop Barrier reduces air and noise pollution levels in surrounding neighbourhoods, and takes a two-pronged approach to reducing air pollution from major roads, highways and railways. The patented aerodynamic design reduces pollution levels by enhancing dispersion. At the same time, a proprietary coating on the barrier actually breaks down the NOx and VOCs that produce smog, transforming them into harmless by-products

We are an indoor environment air treatment manufacturer that brings to market an innovative, sustainable and an environmentally friendly technology. Developed in cooperation with the world-renowned Hong Kong University of Science and Technology, our NCCO (Nano Confined Catalytic Oxidation) air treatment system is entirely safe and has one of the longest filter lives in our industry. It is effective in killing bacteria, viruses, removes Volatile Organic Compounds (VOCs), odours, smoke, PM2.5 particulates, yeasts, and allergens. Our products are used in a wide range of industries such paint, perfume, air, rail, hotel industries, hospitals, offices and in the home.

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CarTakeBack

Environmental Monitoring Arcola Energy

CarTakeBack is the UK’s largest network of scrap car recycling centres with over 300 sites across the UK. CarTakeBack provide a scrap vehicle recycling service to the public and businesses including vehicle manufacturers, dealerships, police forces, auction houses as well as local authorities and government bodies. CarTakeBack recycle vehicles to the highest standard and have a successful history of handling and supporting vehicle scrappage schemes - including government and local authority schemes as well as vehicle manufacturer and dealership lead schemes.

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Data Monitoring Systems Ltd are a complete data solutions provider From your single analyser, right through to your complete network, our Data Gateway has the ability to connect to 20 analysers simultaneously. Major analysers, for example, Thermo, Palas, Ecotech, Vaisala, and more may be connected to our Data Gateways with automatic calibrations also being carried out. Data ratification, and reports may be carried using our Reports package. Coming soon: ï Indoor Air Monitoring system measuring: • TVOC, • Particles • CO2 • Temperature • Humidity with display, mobile phone and WiFi connectivity.

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Em-Monitors (Environmental Monitoring) is a specialist provider and manufacturer of a range of environmental monitoring equipment. We recognise the need to minimise cost by providing accurate and meaningful data remotely to any location in the world. Our air monitoring systems cover indicative indoor and air quality systems as well as reference system required to report to national standards. Environmental Monitoring also provide workplace monitoring equipment and training, so that you can produce professional reports with confidence. Environmental Monitoring covers all your environmental monitoring requirements.

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Combining the very best for a brighter, cleaner future! Whatever your air quality or transport decarbonisation plans, Marston Holdings can help at every step with market leading solutions incorporating: Hyperlocal AQ data monitoring and visualisation Design and planning of AQ interventions Technology solutions to support AQ schemes On street and digital enforcement services We provide unrivalled services for local authorities to achieve long-term air quality improvements. Find out more from us at the 2022 Northern Air Quality News Conference on 25 May in Manchester!

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