The Welsh Government will appear in the High Court today after being accused of failing to help people in Wales who are “choking on toxic fumes on a daily basis”.

The legal challenge has been brought by environmental law lobby group ClientEarth, who claim the Welsh Government has failed to produce any concrete plans for tackling illegal and harmful levels of air pollution in parts of Wales.

Figures show there are illegal levels of nitrogen dioxide in all of the designated “zones and agglomerations”, which are classed as Swansea Urban Area, north Wales and south Wales.

Furthermore the level of harmful gases is increasing in all but the Swansea Urban Area.

ClientEarth's chief executive James Thornton said: “People in Wales are choking on toxic fumes on a daily basis. It is astonishing that the Welsh Government has failed to help them.

“It’s been more than two years since the UK Supreme Court made it clear that urgent action is needed but the Welsh Government seems to have hoped that it could ignore this problem and it would just go away.”

Toxic smog over Cardiff
Toxic smog over Cardiff

The case is part of ClientEarth’s third judicial review against the UK Government over a perceived failure to come up with adequate and robust plans to improve air quality in compliance with existing EU laws.

Following the previous cases the court ordered ministers to produce new plans to bring air pollution to within legal levels as soon as possible.

This third case challenges elements of the court-ordered plan produced by ministers after second case in 2016.

The three grounds in ClientEarth’s case are:

  • The latest plan backtracks on previous commitments to order five cities to introduce clean air zones by 2020;
  • The plan does not require any action in 45 local authorities in England, despite them having illegal levels of air pollution;
  • The plan does not require any action by Wales to bring down air pollution as quickly as possible.

The Welsh Government will appear alongside members of the UK Government.

The UK Government is responsible for ensuring the UK complies with EU legislation but air pollution is devolved and the Welsh Government has a responsibility to develop plans to combat it.

The number of toxic particle per cubic metre of air - the WHO limit is 10

According to Mat Hope, editor of investigative journalism website DeSmog UK, which specialises in environmental issues, there is “no time to make a plan for a plan”.

He said: “Air pollution knows no borders and the problem hits all parts of the UK. The Welsh Government appears to be showing signs of making air quality a priority but it’s clear there is no time to ‘plan for plans’.

“The court cases continue to put pressure on both the UK and Welsh Governments to get this right and address what we know is an urgent public health issue.”

The action comes on the back of a report that showed cities and towns in Wales have some of the worst pollution in the UK with an estimated 40,000 people killed by toxic fumes every year in the UK.

The data, published by the Royal College of Physicians and Lancet Countdown, showed 44 locations were breaching World Health Organisation air pollution guidelines.

The most polluted part of the UK outside on London is also in Wales. Between Blackwood and Pontypool, Hafodyrynys Road in Crumlin regularly breaches EU air pollution limits

The street itself, situated on a steep hill leading towards the village of Hafodyrynys, sees homeowners report black dust covered walls and windows that will never be completely removed.

Joseph Carter, head of British Lung Foundation Wales and chair of Healthy Air Cymru, said: “As a coalition we are happy that ClientEarth are challenging Welsh Government. For too long the people of Wales have been suffering due to their lack of decision on how to tackle air pollution.

“Recently, we’ve heard that extra funding will be allocated to local authorities to help reduce air pollution and a Clean Air Framework will be produced. However, no deadlines on when this funding or framework will be in place has surfaced. It’s time for Welsh Government to face responsibility and step up to the task of reducing air pollution in Wales as promised.

“People in Wales continue to breathe in toxic air and the longer it takes Welsh Government to put plans and funding in place the more people’s health will be impacted.

“Air pollution continuing to damage people’s lungs – especially those who are vulnerable such as children (because of their developing lungs) and those with lung conditions.”

A Welsh Government spokesman said: “It would not be appropriate for us to comment on ClientEarth’s case before we have received the outcome of the court hearing.

“We have already highlighted our commitment to working across government to improve air quality in Wales.”