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EU Biomass Plaintiffs v. European Union - judgment

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EU Biomass Plaintiffs v. European Union - press release

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On Monday, March 4th, 2019, plaintiffs from six countries filed suit against the European Union in the European General Court in Luxembourg to challenge the treatment of forest biomass as a renewable fuel in the European Union’s 2018 revised Renewable Energy Directive (known as RED II). RED II requires EU Member States to achieve an EU-wide target of 32% energy consumption from renewable sources by 2030. The plaintiffs allege that RED II will accelerate widespread forest devastation and significantly increase greenhouse gas emissions by not counting CO2 emissions from burning wood fuels. 

Plaintiffs describe the lawsuit as documenting the environmental, societal, and public health impacts associated with the increased logging, wood pellet manufacturing, and production of biomass energy driven by the RED II forest biomass policy. They allege that the policy is incompatible with the environmental objectives of the Treaty on the Functioning of the European Union and violates the EU Charter on Fundamental Rights (Art. 32 and 57).The plaintiffs are a group of individuals and non-governmental organizations (NGOs) from Estonia, Ireland, France, Romania, Slovakia, and the United States. The case also may be found under the name Sabo and Others v Parliament and Council. 

On May 6, 2020, the Court dismissed the case on standing grounds, reasoning that the directive is an act of general application, the applicants are not in a situation different from an indeterminate and indeterminable body of EU citizens, and therefore the directive is not of individual concern to them. Plaintiffs appealed to the Court of Justice of the EU.

On January 14, 2021, the Court of Justice rejected the appeal, upholding the lower court decision dismissing the case on standing grounds. The Court of Justice reasoned that the lower court made no error in law in concluding that plaintiffs had not demonstrated that the directive was of individual concern to them.

EU Biomass Plaintiffs v. European Union

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

Terrestrial means "of the earth" and relates to the risks to ecological system that includes all living organisms and their interactions within land-based environments, such as forests, grasslands, and deserts.

A target to reduce the prevalence of a greenhouse gas over a specific time frame

Social and cultural groups that share collective ancestral ties to the lands and natural resources where they live, occupy or from which they have been displaced

Activities that involve the cultivation of crops and raising of livestock for food, fibre, and other products essential for human life and industry.

People with different national or cultural traditions from the dominant population

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Using laws and the legal system more broadly to protect vulnerable entities

Activities involving the catching, processing, and selling of fish for food, recreation, and industry.

The activities of industries involved in the production, distribution, and sale of energy, including electricity, gas, and renewables.

Activities that relate to the production of goods and services from forests.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

Social inclusion is the process of improving the terms on which individuals and groups take part in society—improving the ability, opportunity, and dignity of those disadvantaged on the basis of their identity.

EU Biomass Plaintiffs v. European Union - judgment

Target

Risk

Impacted group

Just transition

Renewable energy

Greenhouse gas

Economic sector

Finance