Summary:
This case was brought to the French Conseil d’Etat by the municipality of Grande-Synthe, which is a low-lying coastal community, against the French government. The plaintiffs alleged that the government had taken insufficient action to combat climate change by reducing greenhouse gas emissions, and invoked the European Convention on Human Rights, the Paris Agreement, and domestic environmental regulations.
Admissibility:
The case was declared admissible on 19 November 2020 by the Conseil d’Etat. The Government was given three months to justify its current approach to climate measures. The Conseil d’Etat indicated that the Paris Agreement, and France’s 40% reduction target by 2030 as opposed to 1990 emissions levels, would be used to interpret the State’s obligations.
Merits:
Pending
Remedies:
Pending
Separate opinions:
Pending
Implementation measures taken:
On 1 July 2021, it was announced that, in light of this case, the French Conseil d’État would require the Government to take measures before 31 March 2022 in order to reach the target of reducing greenhouse gas emissions totalling 40% by the year 2030.
To achieve the reduction targets set out in the Paris Agreement, meaning a -40% reduction in emissions as compared to 1990 levels, the Government had previously adopted a reductions plan covering four time periods (2015-2018, 2019-2023, 2024-2028 and 2029-2033), each with its own reduction targets. The Conseil d’État observed in its decision of 1 July 2021 that the level of emissions measured in 2019 had respected the annual target set for the period of 2019-2023. However, the 0.9% decrease in emissions observed was too low when compared to the reduction objectives for the previous period (2015-2018), which were 1.9% per year, and compared to the objectives for the following period (2024-2028), which are 3% per year. Provisional data for 2020 might show a significant drop in emissions, but this must be to some extent due to pandemic-related restrictions and must therefore be regarded as “transitory”. It did not, by itself, guarantee that the reductions needed to achieve the 2030 target were being made. The Conseil d’État found that additional efforts were needed in the short term to achieve the target of 12% emissions reductions between 2024 and 2028.
Date:
Pending
Type of Forum:
Domestic
Status of case:
Pending
Suggested case citation:
Decision on the Admissibility: French Conseil d’Etat, Commune de Grande-Synthe and Others v. France, case no. 427301, Admissibility, 19 November 2020.
Links:
http://climatecasechart.com/climate-change-litigation/non-us-case/commune-de-grande-synthe-v-france/