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12 Gough Square
London
EC4A 3DW
Your ref: Z2006654/CLJ/JD3
Our ref: LC/DL L3029.0001
Government Legal Department
Litigation Group
102 Petty France
Westminster
London
SW1H 9GL
3 September 2020
BY EMAIL ONLY
PRE-ACTION PROTOCOL LETTER
THIS LETTER REQUIRES YOUR URGENT ATTENTION
Dear
Review of the Clean Air Strategy in light of the COVID-19 pandemic
1. Background
1.1. This is a letter before action in accordance with the Pre-action Protocol for Judicial Review (the
“PAP”).
1.2. We are instructed by:
(i) Good Law Project Limited: a non-profit, membership organisation that uses strategic
litigation to deliver a progressive society. Its members have an interest in many areas,
including the environment;
(ii) Mums for Lungs: a campaign group committed to delivering clean air;
(iii) UK Youth Climate Coalition Ltd: a non-profit organisation focused on achieving global climate
justice; and
(iv) Students for Global Health: a student network and registered charity tackling global and local
health inequalities,
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3 September 2020
(together “the Proposed Claimants”).
1.3. The Proposed Claimants are organisations that believe strongly in protecting the environment for
the health of current and future generations.
1.4. We are advised by specialist Counsel from Landmark Chambers,
1.5. The COVID-19 pandemic has had a devastating impact on the nation, including in relation to its
health, finances, education and morale. Since it began, increasingly strong evidence has emerged
of the reasonable possibility of a causal link between air quality and COVID-19 incidence and
mortality. As a result, in our letter, dated 2 June 2020, we requested that the Secretary of State for
Environment, Food and Rural Affairs urgently initiate a formal review of the Clean Air Strategy (the
“First Letter”). The reason for this was that, in light of the substantially increased harm being
caused by poor air quality on account of COVID-19, the Secretary of State was legally obliged to
consider adopting a more ambitious air quality policy than previously. This would have the effect
of bringing forward a review of the Clean Air Strategy that was already scheduled to take place in
2022.
1.6. By a response received on 25 June 2020, the Parliamentary Under Secretary of State refused this
request (the “Response”).
1.7. Following further correspondence (as set out in paragraphs. 3.34 – 3.39 of this letter), the Proposed
Claimants now intend to bring a claim for judicial review on the grounds set out below.
2. Executive Summary
2.1. We are instructed to challenge the refusal to initiate an urgent review of the Clean Air Strategy in
light of the COVID-19 pandemic (the “Decision”), by the Secretary of State for Environment, Food
and Rural Affairs (the “Proposed Defendant”). The Decision was first made on 25 June 2020 and is
continuing.
2.2. In writing this letter we have considered:
(i) the requirements of the Government’s current Clean Air Strategy;
(ii) the link between air quality and health;
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3 September 2020
(iii) the link between COVID-19 and air quality;
(iv) the legal framework by which the Government is obliged to act, including the precautionary
principle and Articles 2 and 8 of the European Convention on Human Rights (the “ECHR”);
and
(v) the Government’s Decision.
2.3. We have concluded that, based on the scientific evidence and the Government obligations under
the legal framework, the Government’s Decision is unlawful. We request the Government to
formally review the Clean Air Strategy and produce a public report on its progress.
3. Background details of matters being challenged
(a) Clean Air Strategy
3.1. The Government published its Clean Air Strategy in January 2019. The purpose of the Strategy is
explained in the Executive Summary:
“This Clean Air Strategy shows how we will tackle all sources of air pollution, making our air
healthier to breathe, protecting nature and boosting the economy.
This document builds on an extensive consultation process which indicated broad-based support
for many of the actions we are proposing. There was also a range of constructive feedback and
challenge that has enabled us to improve and extend our ambition even further in certain key
areas. A document summarising the responses to the consultation is published alongside the
strategy.
The final strategy sets out these proposals in detail and also indicates how devolved
administrations intend to make their share of emissions reductions. It complements three other
UK government strategies: the Industrial Strategy, the Clean Growth Strategy and the 25 Year
Environment Plan.”
3.2. The Clean Air Strategy further contains the following:
“1.3 What pollutants are we focusing on?
We have statutory obligationsto keep concentrations ofspecified pollutants below certain levels.
The only area in which we are not currently meeting these limits, in common with many other