Reshaping EU Legislation for Air Pollution Control: Main Features of the Proposed Directive in Comparison with the US Legislation
Keywords:
Public law, comparative public law, public health, directive, regulationsAbstract
In October 2022, the European Commission released a draft of a new Directive aimed at securing more effective control and prevention of outdoor air pollution in Europe through the recasting and update of previous European legislation. The proposal is intended to reshape the current regulations in the field within the EU and its implementation at the Member State level and achieve lower air pollution in light of the recent advancements in environmental health and novel indications in the field from the World Health Organization. In addition, the proposed Directive provides a legal framework for air pollution control that falls within the wider legal context of the EU Green Deal and NextGenerationEU initiatives. The new rules are also remarkably consistent with corresponding and updated US regulations, though stricter in terms of air pollution control and more open to interactions with local authorities. In sum, the proposed EU Directive appears to take better stock of the emerging scientific evidence on the adverse effects of air pollution and may provide an effective legal instrument for adequate public health protection.
References
1. European Commission. Proposal for a Directive of the European Parliament and of the Council on ambient air quality and cleaner air for Europe (recast) COM/2022/542 final 2022. Available on: https://eur-lex.europa.eu/legal-content/EN/
TXT/?uri=COM%3A2022%3A542%3AFIN
[Last accessed: 2023 January 24].
2. World Health Organization (WHO). WHO global air quality guidelines: particulate matter (PM2.5 and PM10), ozone, nitrogen dioxide, sulfur dioxide and carbon monoxide. 2021. Available on: https://www.who.int/news/item/22-09-2021new-who-global-air-quality-guidelines-aim-tosave-millions-of-lives-from-air-pollution [Last accessed: 2023 January 24].
3. US Environmental Protection Agency. Proposed Decision for the Reconsideration of the National Ambient Air Quality Standards for Particulate Matter (PM). 2023. Available on: https://www.epa.gov/pm-pollution/proposeddecision-reconsideration-national-ambient-airquality-standards-particulate [Last accessed: 2023 January 24].
4. Lawson G. Delegation and original meaning. Virginia Law Review. 2002; 88(2): 327-404. https://doi.org/10.2307/1074001.
5. Rabkin JA. Against the EPA, absurdity is no defense. Harvard Journal of Law and Public Policy. 2014; 37: 41-8.
6. US Supreme Court. West Virginia. Environmental Protection Agency 2022. Available on: https:// www.supremecourt.gov/opinions/21pdf/20-1530_ n758.pdf [Last accessed: 2023 January 24].
458 S.R. Vinceti
7. Bowers KR, Sheffner DJ. The Supreme Court’s “Major Questions” Doctrine: Background and Recent Developments. 2022. Available on: https://crsreports.congress.gov/product/pdf/LSB/ LSB10745#. [Last accessed: 2023 January 24].
8. Kuklinska K, Wolska L, Namiesnik J. Air quality policy in the U.S. and the EU - A review. Atmospheric Pollution Research. 2015; 6: 129-37. doi: 10.5094/APR.2015.015.
9. Milieu Ltd, Danish National Environmental Research Institute, Center for Clean Air Policy.
Comparison of the EU and US Air Quality Standards & Planning Requirements. 2004. Available on: https://ec.europa.eu/environment/archives/ cafe/activities/pdf/case_study2.pdf [Last accessed: 2023 January 24].
10. Spertus-Melhus A. A World of Difference? Comparing US and EU Air Quality Legislation. 2021. Available on: https://www.rifs-potsdam.de/en/ blog/2021/01/world-difference-comparing-usand-eu-air-quality-legislation [last accessed:
2023 January 24].
Downloads
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
This is an Open Access article distributed under the terms of the Creative Commons Attribution License (https://creativecommons.org/licenses/by-nc/4.0) which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
Transfer of Copyright and Permission to Reproduce Parts of Published Papers.
Authors retain the copyright for their published work. No formal permission will be required to reproduce parts (tables or illustrations) of published papers, provided the source is quoted appropriately and reproduction has no commercial intent. Reproductions with commercial intent will require written permission and payment of royalties.