Youth Climate Case Japan for Tomorrow

16 young people from Japan nationwide, from Hokkaido to Kyushu, claimed joint tort against 10 major thermal power companies in the electric power sector. The plaintiffs seek an injunction, requiring the companies to reduce their CO2 emission by 48% by 2030 and 65% by 2035 (compared to 2019). Those percentages were chosen as they align with the reductions the Intergovernmental Panel on Climate Change (IPCC) says are necessary to limit the global temperature increase to 1.5°C in line with the Paris Agreement within the carbon budget. The plaintiffs allege that limit constitutes international public order, that needed to be dully interpreted as a legal obligation to respect, through domestic tort regulation in Article 709 of the Civil Code.The defendant seeks dismissal, arguing that the plaintiffs' future damages remain undetermined and that the suit constitutes an unlawful claim for future damages. On July 25, UN Secretary-General António Guterres stated that temperature will continue to rise. He also noted that extreme heat is the new normal, which is increasingly straining economies, increasing inequality, and costing people their lives. He pointed out the anthropogenic climate change caused by the use of fossil fuels as the cause, to call for accelerated emission reductions. The situation requires immediate and decisive action. The CO2 emissions of Japan's power generation sector (390 million tons), including the defendants, equates to 16th place in the global ranking of emissions by country. It is also Japan’s largest emitting sector, accounting for about 40% of Japan's energy-derived CO2 emissions. The International Energy Agency (IEA) and the G7 agreement also demand carbon neutrality of the power sector by 2035. The defendants of 10 companies, Japan's largest thermal power producers including JERA, are responsible for 333 million tons of CO2 emissions (in 2019), equivalent to 33% of Japan's energy-derived CO2 emissions. The Intergovernmental Panel on Climate Change (IPCC) calls for a 48% reduction in CO2 emissions by 2030 and a 65% reduction by 2035 compared to 2019 levels to achieve the 1.5°C target (50% confidence). Avoiding dangerous climate change is the world's greatest common concern, to reduce emission reductions to the levels required by the IPCC. Large emitting companies in Japan, which is a developed country, are also obligated to reduce their emissions to this level. The same should be applied to the defendants, the power generators, as a minimum obligation. However, the 2030 reduction targets proposed by the defendants are not only below the requisite level but are also extremely inadequate in that they continue to use coal-fired power generation and rely on technically unproven technologies such as hydrogen, ammonia co-firing, and CCS, all of which have little effect on emission reduction. Moreover, the defendants have not even set the 2035 target at all except JERA, which has set only a 40% reduction target from 2019 levels. In light of these circumstances, it is nearly impossible to assert that they are developing a plan that aligns with the 1.5°C objective. The plaintiffs filed this case in order to be protected from the even more severe impact of climate change, claiming the court’s order for the defendants to fulfil their legal obligation to reduce their emissions The plaintiffs also expect the defendants to shift to a renewable energy company. The First hearing was held on October 24, 2024, where the ten defendant companies made it clear that they would fight. The next hearing date is set for February 18, 2025.