[Briefing] Air Quality Policy in the UK Post-Brexit

AUTHORS: Clare Hamilton and Michael Nicholson

Ahead of our next webinar, “The air we breathe: Regional and local perspectives on air quality policy in the EU and UK“, IEEP UK has prepared a briefing paper setting out an overview of the current state of air quality policy in the UK since departing the European Union.

Air quality regulation and policy in the UK is a complex mix arising from international obligations, residual EU law, UK-wide and devolved legislation. Progress has been made since the first Clean Air Act was introduced in the UK in 1956, but UK limit values for key pollutants such as nitrogen dioxide are still four times higher than the limits recommended by the World Health Organisation.

However, there have been long-standing and persistent breaches of air quality targets, limit values and long-term objectives for key pollutants, including nitrogen dioxide (NO2) and fine particulate matter (PM2.5). As such, UK Government action (and inaction) has been successfully challenged through a range of legal mechanisms, including infraction proceedings, judicial review and through the new powers granted to the Office for Environmental Protection and Environmental Standards Scotland. Following EU exit, there is still a significant potential risk for the UK to weaken action on air quality, as demonstrated by the gap in accountability left by the revocation of parts of the National Emissions Ceilings Regulations 2018 via the EU Law Revocation and Reform Act 2023.

Photograph by Anne Nygård on Unsplash

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