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Litigation
Youth Climate Activists v. Ministry of Environment (Administrative Case)
Date
2024
Geography
About this case
Documents
Filing Date
Type
Document
Summary
Summary
On June 26, 2024, a group of Taiwanese youth climate activists, represented by the legal team at Taipei’s Environmental Jurists Association, filed an administrative complaint before the Taipei High Administrative Court challenging Taiwan’s national greenhouse gas (GHG) emissions reduction targets for 2030. The plaintiffs are the same youth claimants who had previously petitioned the Constitutional Court in a related case contesting the constitutionality and adequacy of Taiwan’s climate targets. Following the Constitutional Court’s ruling that the GHG targets must meet minimum constitutional and human rights thresholds, the plaintiffs have now turned to the administrative courts to directly challenge the specific regulatory action through which the government adopted its Phase 3 reduction goals.
The administrative complaint targets the 2023 decision by the Executive Yuan’s Ministry of Environment to adopt Taiwan’s “Phase 3 Emission Control Targets,” which set an absolute GHG reduction goal of 18.9% below 2005 levels by 2030. The plaintiffs allege that this decision violates the Greenhouse Gas Reduction and Management Act and the Constitution of the Republic of China, including Articles 7 (equality), 15 (right to life), and 22 (unenumerated freedoms). They further invoke principles of intergenerational equity and the government’s obligations under the Paris Agreement.
The plaintiffs argue that the Phase 3 target is neither scientifically adequate nor aligned with Taiwan’s stated goal of net-zero emissions by 2050. They allege that the Ministry’s decision failed to incorporate the best available scientific evidence, did not meaningfully engage with public consultation obligations under the GHG Act, and disregarded expert opinions recommending more ambitious targets. The complaint also asserts that the Ministry did not adequately explain how the selected target would ensure Taiwan’s fair share contribution to global mitigation efforts.
The case draws heavily on climate science, including IPCC pathways consistent with limiting global warming to 1.5°C, and argues that the existing 2030 target would allow emissions to continue at unsustainable levels incompatible with Taiwan’s long-term climate commitments. The plaintiffs request that the court revoke the administrative order enacting the Phase 3 targets and order the Ministry to reissue a scientifically and legally adequate emissions reduction target.