A judicial review will be held of Sadiq Khan’s plans to expand the Ultra Low Emissions Zone (ULEZ) across London.
The High Court allowed the case to proceed on two of their five grounds of appeal.
The mayor’s office said expansion plans would continue “without delay”.
A spokesman for Mr Khan said the mayor was “delighted to see that the court had refused to grant permission for the majority of the grounds”.
“We will continue to vigorously defend his life-saving decision to expand ULEZ and continue to prepare without delay.”
It added that “it is a shame that some local governments have chosen to try this costly and misguided legal challenge instead of focusing on the health of the people they represent”.
The current plan covers all parts of the city between the North and South lines, but the mayor of London has previously announced that it will be expanded to cover the entire capital from August 29.
Those driving in the area with a highly polluting non-compliant vehicle will be charged a daily fee of £12.50.
Five councils sent the mayor of London a protocol letter ahead of the action on 12 January which states there are five grounds for judicial review.
The Supreme Court has ruled that there is sufficient evidence on two of the grounds for the case to proceed to trial on the grounds that the extension of the ULEZ may be unlawful.
These relate to claims that statutory procedures were not followed and did not consider the possibility of including non-Londonians in the new £110m scrap scheme.
Those eligible for help from the scrap scheme can receive up to £2,000 for car scrapping or up to £1,000 for motor scrapping. For wheelchair accessible vehicles, there is an allowance of up to £5,000.
Responding to the confirmation of the judicial review, Tim Oliver, leader of Surrey County Council, said: “The impact on Surrey residents and businesses has been ignored by the mayor and it is a shame to move forward. take legal action to make our voices heard.”
Bexley Council Leader Teresa O’Neill said: “Air quality has never been an issue and we believe it will have disastrous consequences for many of our residents and businesses, as well as our residents. like everyone else who frequents the county. We hope that today’s decision brings us one step closer to thwarting the mayor’s monetization scheme.”
Colin Smith, leader of Bromley Council, argued that Bromley was already a “healthy county by almost every measure”.
He added: “There is still time for the mayor to step back and take a more deliberate approach that takes into account the different needs and circumstances of the area outside of London.
Nick Rogers AM, transport spokesman for City Hall Conservatives, said: “The mayor clearly has no legal basis to proceed with his ULEZ tax plans, which take money from charities. , small businesses and low-income Londoners can’t afford a new car.”
He urged the mayor to “do the right thing, immediately stop his work on expanding ULEZ and explain his actions in court”.
The hearing is scheduled to take place in July.