Around the world, citizens have taken legal action against governments and corporations for health damages and even deaths caused by air pollution β and in some cases, won financial compensation and policy change.
Here are notable cases from the UK, Japan, France, and the US:
π¬π§ UK: Ella Kissi-Debrah Case (2020β2024)
π Overview: In 2013, 9-year-old Ella died from severe asthma linked to illegal levels of air pollution near her home in South London.
βοΈ Legal Outcome: In 2020, the UK court ruled air pollution contributed to her death β a legal first. In 2024, the government settled the case, awarding compensation. This landmark case led to a push for βEllaβs Lawβ β a bill advocating for clean air as a legal right.
π The Guardian
π―π΅ Japan: Tokyo Diesel Emissions Case (2002)
π Overview: Residents sued the government and automakers over respiratory illnesses caused by diesel exhaust.
βοΈ Legal Outcome: The Tokyo court ordered the government to pay Β₯79 million in compensation. Although manufacturers were cleared of responsibility, Tokyo launched a Β₯4 billion annual health program to support asthma patients.
π Japan Times
π«π· France: Citizen Lawsuit over Paris Air Quality (2017β2022)
π Overview: A Paris resident sued the French government for β¬21 million in damages due to health issues from air pollution.
βοΈ Legal Outcome: The EU Court ruled in 2022 that while individuals can challenge governments over air quality violations, they cannot directly claim compensation. Still, the case set a key precedent for environmental rights.
π Politico
πΊπΈ USA: Massachusetts v. EPA (2007)
π Overview: 12 states sued the Environmental Protection Agency (EPA) for failing to regulate greenhouse gases.
βοΈ Legal Outcome: The U.S. Supreme Court ruled 5-4 that greenhouse gases are pollutants under the Clean Air Act. This pivotal case forced the EPA to take regulatory action, paving the way for climate litigation.
π Source: The Rule of Five, Richard J. Lazarus, 2020
π Corporations Also Held Accountable
Here are some major cases where companies paid compensation for air or environmental pollution:
Case | Company | Country | Issue | Outcome |
---|---|---|---|---|
Allison v. ExxonMobil | ExxonMobil | USA | Fuel leak contaminated soil/water | $497M (later reduced) |
Precision Castparts | PCC | USA | Metal emissions in Oregon | $22.5M settlement |
U.S. Steel (Clairton) | U.S. Steel | USA | Air pollution from coke plant | $8.5M to residents |
Wiwa v. Shell | Shell | Nigeria | Oil pollution + human rights violations | $15.5M settlement |
Shell Nigeria | Shell | Nigeria | Oil spill contamination | ~$100M paid |
ExxonMobil (NJ) | ExxonMobil | USA | Refinery pollution | $225M settlement |
Marathon Oil | Marathon | USA | Air pollution from drilling | $241.5M settlement |
Cummins Inc. | Cummins | USA | Diesel emissions violations | $2B settlement |
Stellantis (FCA US) | Stellantis | USA | Emissions cheating | $4.2M settlement |
π What About Mongolia?
In Mongolia, suing the government is not explicitly prohibited, but legal and practical barriers make it nearly impossible in practice. In contrast, citizens in the U.S. and U.K. have specific legal avenues to sue governments or agencies:
πΊπΈ USA: Right to Sue the Government
π Federal Tort Claims Act (1946)
β Citizens can sue the federal government for damages caused by negligence.
π Citizen Suits (under Clean Air Act, etc.)
β Individuals and NGOs can sue government agencies like the EPA for failing to enforce environmental laws.
β Case in Point: Massachusetts v. EPA forced regulatory action on greenhouse gases.
π¬π§ UK: Judicial Review & Human Rights
π Judicial Review
β Citizens can challenge government policies that are unlawful or irrational. Outcome: policy change, not direct compensation.
π Human Rights Act (1998)
β Citizens can sue if the state fails to protect their right to life, health, or clean environment.
β Case in Point: ClientEarth v. UK Gov (2015β2020): Court ordered policy reforms due to excessive NOβ levels.
π Summary Table:
Country | Can Citizens Sue Govt? | Claim Compensation? | Environmental Cases? |
---|---|---|---|
π²π³ Mongolia | Severely limited | Rare | Almost none |
πΊπΈ USA | Yes (FTCA, Citizen Suits) | Yes | Numerous |
π¬π§ UK | Yes (Judicial Review) | Limited | Yes, with policy wins |
πΌοΈ Real World Images:
π· 1. South Africans suing govt over deadly air
π· 2. German citizens challenge govβt for failing WHO air standards
π· 3. Dutch activists sue over right to clean air
π· 4. Indonesians blame govt for Jakarta pollution
π· 5. South African NGOs sue for βdeadly airβ crisis
π£ Conclusion:
The right to breathe clean air is increasingly recognized as a human right. Legal systems in many countries are slowly responding β but only where citizens demand accountability.
π¬ Do you think Mongolia should allow citizens to sue the government over air pollution impacts?
#AirPollution #EnvironmentalJustice #PublicHealth #ClimateLaw #EllaKissiDebrah #CitizenSuits #CleanAir #RightToBreathe #Mongolia #GlobalCases