Clearing the Air. An Analysis of Atmospheric Protections and Pollutant Regulation in the United Kingdom Before, During, and After the EU Cover Image

Clearing the Air. An Analysis of Atmospheric Protections and Pollutant Regulation in the United Kingdom Before, During, and After the EU
Clearing the Air. An Analysis of Atmospheric Protections and Pollutant Regulation in the United Kingdom Before, During, and After the EU

Clearing the Air. An Analysis of Atmospheric Protections and Pollutant Regulation in the United Kingdom Before, During, and After the EU

Author(s): Joseph McMullen, Tilak Ginige
Subject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Uniwersytetu Gdańskiego
Keywords: environmental law; air pollution; United Kingdom; European Union; particulate matter.

Summary/Abstract: Air pollution is a severe issue in the United Kingdom. Legal and scientific efforts to combat thedeleterious health effects arising from polluted air are wide-ranging but suffer a lack of enforcement.The issue of enforcement is a central theme within this paper; the most stringent or ambitiouslimits are meaningless without enforcement. Legal responses to specific pollutants andpolluting industries are first explored to establish a narrative of the United Kingdom’s approachto air quality protection throughout the Industrial Revolution. Legal issues and regulatory methodsduring the United Kingdom’s membership of the European Union are then discussed in juxtapositionto domestic historical approaches, acknowledging the United Kingdom’s utilisationof displacement methods and general failures to adhere to European Union law. Beyond 2020, the retention and function of EU-derived and domestic legislation is considered in light of Brexit. The United Kingdom faces – post-Brexit – an opportunity for improvement in its atmospheric. However, without the enforcement capabilities of the Court of Justice of the EuropeanUnion there is a real possibility that atmospheric quality in the United Kingdom will face a severeand dangerous regression – becoming, once again, the “dirty man of Europe”.

  • Issue Year: 3/2021
  • Issue No: 51
  • Page Range: 76-92
  • Page Count: 16
  • Language: English