The Supreme Administrative Court has rejected the cassation appeal filed by coal sellers in the case of the anti-smog resolution for Małopolska. The verdict of the highest instance means that the anti-smog regulations for Małopolska may no longer be invalidated.
This is excellent news. We had no doubt that Małopolska’s anti-smog legislation, which by the way has become a model for the rest of the country, is lawful and in the public interest. The ruling of the highest instance only confirms our conviction
comments Tomasz Urynowicz, Deputy Marshal of Małopolska.
Earlier, complaints against the anti-smog resolution for Małopolska were dismissed by the Regional Administrative Court in Kraków. Opponents of the resolution then applied to the Supreme Administrative Court for cassation of the verdict, but the court rejected the application, closing the possibility of further appeals.
The anti-smog resolution for Małopolska has been in force since July 2017 and marks the next stages of the fight for clean air. At first, it introduced a ban on installing outdated coal stoves, as well as a ban on burning poor-quality coal, fines, sludge and so-called flotsam. The next milestones include replacement of “kopciuchów” (i.e. stoves that do not meet the requirements of at least class 3 of the so-called ecodesign) by the end of 2022 and class 3 and 4 boilers by the end of 2026. The implementation of the resolution, including obtaining by residents subsidies and reliefs for replacement of furnaces, is assisted by the Air Protection Programme for Małopolska adopted in 2020.
A separate anti-smog resolution, completely banning coal and wood burning, has been in force since September 2019 in Krakow. The improvement of air in the capital of Małopolska is clearly noticeable and confirmed by the research of experts, among others, of the AGH University of Science and Technology and the European Clean Air Centre.
This is why other local governments in Małopolska want to follow Krakow’s example by preparing their own local anti-smog resolutions. These are, among others, the communes of: Czarny Dunajec, Nowy Targ, Rabka-Zdrój, Chrzanów, Skawina, Zabierzów, Krzeszowice, Niepołomice, as well as the city of Oświęcim and the city of Tarnów.