Yeşil Artvin Derneği and others v. Presidency of the Republic of Türkiye, Ministry of Environment, Urbanization and Climate Change and Energy Market Regulatory Authority

The case was filed by nine environmental organizations and the Adana Chamber of Physicians against the Presidency, the Ministry of Energy and Natural Resources, the Energy Market Regulatory Authority (EMRA), and the Ministry of Environment, Urbanization and Climate Change on the grounds of requesting the closure of 37 coal-fired thermal power plants in Turkey, and is about whether these plants must be shut down due to their environmental and public-health impacts.The applicants, comprising sixteen environmental NGOs, submitted a petition to the Presidency of the Republic of Turkey prior to filing the present case, requesting the annulment of the licenses for thirty-seven active coal-fired thermal power plants in Turkey. This petition was based on scientific reports indicating that pandemics, such as the recent coronavirus pandemic, are linked to global climate change. Accordingly, the applicants alleged that coal mines and thermal power plants play a significant role in climate change and, therefore, their operations must be terminated. The Presidency of the Republic of Turkey did not respond to this petition within sixty days, which, under the Administrative Judicial Procedure Act, is deemed a tacit rejection. Consequently, the applicants filed the present case in December 2020, seeking the annulment of the tacit rejection by the Presidency. In its defense, the Presidency of the Republic of Turkey argued that the authority to annul the licenses for the power plants lies with the Ministry of Environment, Urbanization and Climate Change and the Energy Market Regulatory Authority (EMRA). EMRA, in its defense, stated that the relevant authority for environmental assessments is the Ministry of Environment, Urbanization and Climate Change. Finally, the Ministry contended that there is no scientific evidence establishing a relationship between climate change, pandemics, and coal-fired power plants. The Court rejected the case on the grounds that (1) the allegations made by the claimants did not constitute a legal basis for the annulment of the power plant licenses, and (2) the claimants had not initiated any legal proceedings against the production licenses, environmental assessment reports, or documents pertaining to environmental permits and licenses. In its decision dated 28 March 2022, the Court further stated that a license granted in accordance with legal regulations cannot be annulled on abstract grounds, and therefore, the tacit rejection by the Presidency cannot be deemed unlawful. The claimants subsequently brought the case before the Regional Administrative Courts for appeal, and in February 2023, this appeal was rejected on the ground that the decision of the 11th Administrative Court of Ankara was lawful.