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Environmental Rights Foundation and others v. Taiwan  

Summary:
On 30 January 2024, Taiwanese environmental groups, along with children and other individual plaintiffs, petitioned the Taiwanese Constitutional Court to demand intergenerational climate justice from the government. Their case challenges the 2023 Climate Change Response Act (氣候變遷因應法) because it does not include short and medium-term national periodic regulatory goals for reducing greenhouse gas emissions. In doing so, the plaintiffs contest the government’s plan to reduce greenhouse gas emissions by 23-25% compared to 2005 levels, which they considered insufficiently ambitious.

The case was brought by an NGO, the Environmental Rights Foundation, along with individuals who allege that they are particularly vulnerable to the impacts of climate change (including because of their livelihoods related to farming and fishing, by virtue of their Indigenous heritage and culture, or because they are children).  

The plaintiffs argue that the current regulation does not adequately safeguard their right to life, right to bodily integrity and health, right to survival, right to housing, right to work, property rights and cultural rights. They argue that the legislature has forsaken its obligation to ensure an adequate regulatory framework including a cross-generational allocation of greenhouse gas emissions reductions. The 23-25% reductions target does not allow Taiwan to reach net zero by 2050 and is insufficiently protective of fundamental rights. The plaintiffs argue that, under current measures, Taiwan will exhaust its remaining carbon budget for a 1.5°C and 1.7°C world by 2030. In addition, the current measures do not set sufficient interim yearly goals because it lacks goals for the period from 2026 to 2030.

Last updated:
4 October 2024

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