Long-running legal battle sees European Court of Justice conclude controversial power plant breached air quality rules
The European Court of Justice has reportedly ruled that the Aberthaw coal-fired power station in south Wales has breached EU air quality rules.
The power plant, which is operated by RWE, is already set to be downgraded from next spring so it is only used to provide back-up power during period of peak demand. It is also likely to targeted in the government's plans to fully phase out the use of unabated coal power by 2025.
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However, the ruling means the UK government must now pay court costs relating to the case.
The case was brought by the European Commission following allegations the Aberthaw plant emitted more than double the legally permitted level of nitrogen oxide over a seven year period.
The UK government argued the plant, which opened in 1971, has permission to release higher levels of NOX as it was designed for Welsh coal that is often harder to burn.
However, the court ruled the government had failed to take sufficient steps to reduce air pollution from the site.
The ruling comes in the same week as a report from Friends of the Earth Cymru and Greenpeace this week claimed 400 premature deaths a year can be attributed to the pollution from the site.
In related news, environmental legal campaign group ClientEarth today announced it was launching legal action to tackle high levels of air pollution in Brussels as part of the latest move in a wave of air quality court cases across the continent.
The group has similar cases underway in the UK, Germany, and the Czech Republic and has confirmed that further legal interventions are planned in the coming weeks.
The Brussels case is against the regional government and argues it is in breach of EU rules on nitrogen dioxide and must come forward with a more ambitious plan for improving air quality in the city.
"We have successfully challenged the UK government and authorities in Germany over their failure to protect their people from air pollution," said ClientEarth lawyer Alan Andrews. "Now we are helping people in Belgium and the Czech Republic fight for their right to breathe clean air. Governments across Europe are failing in their legal duty to protect people from the harmful effects of air pollution. We are calling on the courts to force them to put that right."
He added that the cases should serve as a "wake-up call" to regional and national governments across Europe. "This is a Europe-wide public health crisis that needs an immediate response at all levels: city, regional, national and EU," he said. "For too long, the EU and national governments have put car industry interests before people's health and the environment."
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