Air quality inequality and access to effective remedies in the revision of the Ambient Air Quality Directive 2008/50/EC

The Ambient Air Quality Directive 2008/50/EC (AAQD) has been instrumental in improving air quality in Europe, but air quality inequality where marginalised groups are disproportionately exposed to poor quality air or suffer greater harm from the same - persists. This article examines how proposed reforms to the AAQD would help to address this environmental justice problem by improving access to effective remedies, or whether it could possibly aggravating inequality in the long run. Taking the case of air quality in Rome, current issues relating to air quality monitoring, planning and access to compensation are described in the light of the case law of the Court of Justice of the European Union. It is argued that if access to effective remedies is not improved, the recognition of a right to compensation risks worsening environmental inequality. While the Commission’s proposal includes provisions requiring states to allow collective redress and to facilitate the burden of proof, it is argued that more may be needed to first enforce the existing rules on access to effective remedies to avoid worsening air quality inequality.