UK faces Heathrow legal action

Controversial plans to build a third runway at Heathrow may fall foul of EU pollution regulations wi

The European environment commissioner has warned he intends to take enforcement action if Britain breaches legally binding pollution limits by allowing Heathrow airport to expand.

Local councils are also threatening to launch legal challenges if ministers go ahead with expansion plans that are already opposed by many Labour MPs.

The warning from EU Commissioner Stravros Dimas comes after it emerged that Department for Transport (DfT) officials doubted their own proposed measures to reduce pollution. The DfT’s consultation paper on Heathrow expansion concealed concerns that mitigation measures might be “too costly or impractical to implement, or politically unacceptable”.

Environment secretary Hilary Benn has promised not to “fudge” pollution limits in the new EU air quality directive but has confirmed that he intends to seek permission to delay their implementation for up to five years from 2010. Last month, Environment Agency chairman (Lord) Chris Smith criticised the government for seeking to increase flights at Heathrow during this time.

The DfT wants to use “mixed mode” operation – using both existing runways for takeoff and landing at the same time – to achieve 60,000 extra flights a year by 2015 in advance of a third runway. It has admitted that nitrogen dioxide (NO2) limits in the directive would be breached before 2015 but has pledged to deal with anticipated breaches after that date.

But the DfT’s September 2007 risk register for Heathrow expansion shows that officials assessed as “high” the risk that measures to achieve this might not be deliverable. The document, obtained by Greenpeace under the Freedom of Information Act, also shows that officials doubted whether “radical mitigation measures might be justified for a relatively short period before things improve over time.” This refers to disputed assumptions that cleaner aircraft and road vehicles will eventually provide the “headroom” for additional flights.

Commissioner Dimas has made clear that he expects Britain to comply with the directive as soon as it is implemented. His spokesperson told newstatesman.com: “We expect Member States to fully respect EU legislation. We will assess compliance [with] the NO2 limit value at the actual attainment date, and enforce it if necessary.”

The DFT document also shows that officials intentionally gave a misleading “narrative” of measures to deal with anticipated breaches after 2015. It states that “possible mitigation measures are addressed as a narrative within condoc”, a reference to the official consultation document, published two months later.

The consultation acknowledged that around 30 homes could experience illegally high levels of nitrogen dioxide during full mixed mode operation but listed possible mitigation measures, including lower speed limits, traffic management measures and surface treatments. It stated: “Although the improving trend in road vehicle emissions beyond 2015 means that any residual problems would be fully resolved by 2020, the air quality Directives will require the relevant limits to be met before then.”

The consultation concluded that full mixed mode by 2015 would achievable within pollution limits if traffic management or other measures were implemented. Although it acknowledged that the effectiveness of surface treatments was “unproven”, it did not reveal officials’ belief that other measures might have to be ruled out for financial or political reasons or the suggestion that breaches of the directive might be ignored in the short term. Instead, it referred to “Government’s overriding legal obligation to meet air quality limit values.”

In March, the Environment Agency criticised the DfT’s claims that “potential alternative measures” would bring pollution within legal limits. It stated: “Without firm plans and agreed measures we contend that the conclusion that the limit values can be met with full mixed mode cannot confidently be made.” It is now clear that DfT officials also saw their own conclusion as wishful thinking.

Hillingdon Council, whose area includes Heathrow, is one of a number of councils that is preparing to challenge any decision in favour of expanding the airport, on the grounds that the DfT’s environmental claims are flawed. Hillingdon councillor Keith Burrows, Cabinet member for Planning and Transportation said: "We will fight expansion at Heathrow all the way - if that means legal action then that's what we'll do. We do not believe that expansion, which will generate one million extra vehicle movements on roads around Heathrow, can go ahead within EU limits on nitrogen dioxide. The opposition to this expansion is overwhelming - enough is enough."

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The French millennials marching behind Marine Le Pen

A Front National rally attracts former socialists with manicured beards, and a lesbian couple. 

“In 85 days, Marine will be President of the French Republic!” The 150-strong crowd cheered at the sound of the words. On stage, the speaker, the vice-president of the far-right Front National (FN), Florian Philippot, continued: “We will be told that it’s the apocalypse, by the same banks, media, politicians, who were telling the British that Brexit would be an immediate catastrophe.

"Well, they voted, and it’s not! The British are much better off than we are!” The applause grew louder and louder. 

I was in the medieval city of Metz, in a municipal hall near the banks of the Moselle River, a tributary of the Rhine from which the region takes its name. The German border lies 49km east; Luxembourg City is less than an hour’s drive away. This is the "Country of the Three Borders", equidistant from Strasbourg and Frankfurt, and French, German and French again after various wars. Yet for all that local history is deeply rooted in the wider European history, votes for the Front National rank among the highest nationally, and continue to rise at every poll. 

In rural Moselle, “Marine”, as the Front National leader Marine Le Pen is known, has an envoy. In 2014, the well-spoken, elite-educated Philippot, 35, ran for mayor in Forbach, a former miner’s town near the border. He lost to the Socialist candidate but has visited regularly since. Enough for the locals to call him “Florian".

I grew up in a small town, Saint-Avold, halfway between Metz and Forbach. When my grandfather was working in the then-prosperous coal mines, the Moselle region attracted many foreign workers. Many of my fellow schoolmates bore Italian and Polish surnames. But the last mine closed in 2004, and now, some of the immigrants’ grandchildren are voting for the National Front.

Returning, I can't help but wonder: How did my generation, born with the Maastricht treaty, end up turning to the Eurosceptic, hard right FN?

“We’ve seen what the other political parties do – it’s always the same. We must try something else," said Candice Bertrand, 23, She might not be part of the group asking Philippot for selfies, but she had voted FN at every election, and her family agreed. “My mum was a Communist, then voted for [Nicolas] Sarkozy, and now she votes FN. She’s come a long way.”  The way, it seemed, was political distrust.

Minutes earlier, Philippot had pleaded with the audience to talk to their relatives and neighbours. Bertrand had brought her girlfriend, Lola, whom she was trying to convince to vote FN.  Lola wouldn’t give her surname – her strongly left-wing family would “certainly not” like to know she was there. She herself had never voted.

This infuriated Bertrand. “Women have fought for the right to vote!” she declared. Daily chats with Bertrand and her family had warmed up Lola to voting Le Pen in the first round, although not yet in the second. “I’m scared of a major change,” she confided, looking lost. “It’s a bit too extreme.” Both were too young to remember 2002, when a presidential victory for the then-Front National leader Jean-Marie Le Pen, was only a few percentage points away.

Since then, under the leadership of his daughter, Marine, the FN has broken every record. But in this region, the FN’s success isn’t new. In 2002, when liberal France was shocked to see Le Pen reach the second round of the presidential election, the FN was already sailing in Moselle. Le Pen grabbed 23.7 per cent of the Moselle vote in the first round and 21.9 per cent in the second, compared to 16.9 per cent and 17.8 per cent nationally. 

The far-right vote in Moselle remained higher than the national average before skyrocketing in 2012. By then, the younger, softer-looking Marine had taken over the party. In that year, the FN won an astonishing 24.7 per cent of the Moselle vote, and 17.8 per cent nationwide.

For some people of my generation, the FN has already provided opportunities. With his manicured beard and chic suit, Emilien Noé still looks like the Young Socialist he was between 16 and 18 years old. But looks can be deceiving. “I have been disgusted by the internal politics at the Socialist Party, the lack of respect for the low-ranked campaigners," he told me. So instead, he stood as the FN’s youngest national candidate to become mayor in his village, Gosselming, in 2014. “I entered directly into action," he said. (He lost). Now, at just 21, Noé is the FN’s youth coordinator for Eastern France.

Metz, Creative Commons licence credit Morgaine

Next to him stood Kevin Pfeiffer, 27. He told me he used to believe in the Socialist ideal, too - in 2007, as a 17-year-old, he backed Ségolène Royal against Sarkozy. But he is now a FN local councillor and acts as the party's general co-ordinator in the region. Both Noé and Pfeiffer radiated a quiet self-confidence, the sort that such swift rises induces. They shared a deep respect for the young-achiever-in-chief: Philippot. “We’re young and we know we can have perspectives in this party without being a graduate of l’ENA,” said another activist, Olivier Musci, 24. (The elite school Ecole Nationale d’Administration, or ENA, is considered something of a mandatory finishing school for politicians. It counts Francois Hollande and Jacques Chirac among its alumni. Ironically, Philippot is one, too.)

“Florian” likes to say that the FN scores the highest among the young. “Today’s youth have not grown up in a left-right divide”, he told me when I asked why. “The big topics, for them, were Maastricht, 9/11, the Chinese competition, and now Brexit. They have grown up in a political world structured around two poles: globalism versus patriotism.” Notably, half his speech was dedicated to ridiculing the FN's most probably rival, the maverick centrist Emmanuel Macron. “It is a time of the nations. Macron is the opposite of that," Philippot declared. 

At the rally, the blue, red and white flame, the FN’s historic logo, was nowhere to be seen. Even the words “Front National” had deserted the posters, which were instead plastered with “in the name of the people” slogans beneath Marine’s name and large smile. But everyone wears a blue rose at the buttonhole. “It’s the synthesis between the left’s rose and the right’s blue colour”, Pfeiffer said. “The symbol of the impossible becoming possible.” So, neither left nor right? I ask, echoing Macron’s campaign appeal. “Or both left and right”, Pfeiffer answered with a grin.

This nationwide rebranding follows years of efforts to polish the party’s jackass image, forged by decades of xenophobic, racist and anti-Semitic declarations by Le Pen Sr. His daughter evicted him from the party in 2015.

Still, Le Pen’s main pledges revolve around the same issue her father obsessed over - immigration. The resources spent on "dealing with migrants" will, Le Pen promises, be redirected to address the concerns of "the French people". Unemployment, which has been hovering at 10 per cent for years, is very much one of them. Moselle's damaged job market is a booster for the FN - between 10 and 12 per cent of young people are unemployed.

Yet the two phenomena cannot always rationally be linked. The female FN supporters I met candidly admitted they drove from France to Luxembourg every day for work and, like many locals, often went shopping in Germany. Yet they hoped to see the candidate of “Frexit” enter the Elysee palace in May. “We've never had problems to work in Luxembourg. Why would that change?” asked Bertrand. (Le Pen's “144 campaign pledges” promise frontier workers “special measures” to cross the border once out of the Schengen area, which sounds very much like the concept of the Schengen area itself.)

Grégoire Laloux, 21, studied history at the University of Metz. He didn't believe in the European Union. “Countries have their own interests. There are people, but no European people,” he said. “Marine is different because she defends patriotism, sovereignty, French greatness and French history.” He compared Le Pen to Richelieu, the cardinal who made Louis XIV's absolute monarchy possible:  “She, too, wants to build a modern state.”

French populists are quick to link the country's current problems to immigration, and these FN supporters were no exception. “With 7m poor and unemployed, we can't accept all the world's misery,” Olivier Musci, 24, a grandchild of Polish and Italian immigrants, told me. “Those we welcome must serve the country and be proud to be here.”

Lola echoed this call for more assimilation. “At our shopping centre, everyone speaks Arabic now," she said. "People have spat on us, thrown pebbles at us because we're lesbians. But I'm in my country and I have the right to do what I want.” When I asked if the people who attacked them were migrants, she was not so sure. “Let's say, they weren't white.”

Trump promised to “Make America Great Again”. To where would Le Pen's France return? Would it be sovereign again? White again? French again? Ruled by absolutism again? She has blurred enough lines to seduce voters her father never could – the young, the gay, the left-wingers. At the end of his speech, under the rebranded banners, Philippot invited the audience to sing La Marseillaise with him. And in one voice they did: “To arms citizens! Form your battalions! March, march, let impure blood, water our furrows...” The song is the same as the one I knew growing up. But it seemed to me, this time, a more sinister tune.