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Greenpeace v. Spain I - judgment

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Greenpeace v. Spain I - Other

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Filing Year For Action

On September 15, 2020, Greenpeace Spain, Oxfam Intermón, and Ecologistas en Acción filed a motion notifying the Supreme Court of their intention to sue the Spanish Government, alleging failure to take adequate action on climate change. The plaintiffs assert that Spain is in violation of Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action. According to plaintiffs, by December 2019, Spain should have approved a National Energy and Climate Plan with climate goals for 2030 and a Long Term Strategy with goals for 2050; and the draft plan is not consistent with the Paris Agreement and IPCC recommendations to keep global warming to 1.5 degrees Celsius. The complaint seeks an order compelling greater climate action. 

On September 30, 2020, the Supreme Court admitted the statement of claim and required the Ministry of the Presidency to present its administrative file within 20 days. After the government presented its file, plaintiffs filed an application for the Court to order an expanded file on the argument that the file the government presented was incomplete. The Court rejected this application, and Plaintiffs appealed. 

In the meantime, on November 3, 2020, Spain's Council of Ministers approved a Long Term Decarbonization Strategy for 2050. Then, on November 26, 2020, the State Attorney filed a motion to dismiss the plaintiff's claims with regard to the Long Term Strategy, and plaintiffs filed a motion on December 15, 2020 agreeing with the dismissal of that claim but retaining their suit challenging the lack of a 2030 plan. 

On December 15, 2020, plaintiffs filed their lawsuit in the Supreme Court, alleging that Spain unlawfully failed to produce a National Energy and Climate Plan with 2030 climate targets, in violation of national law, EU regulations, and their obligations under the Paris Agreement. 

The government filed their response on March 2, 2021. Two weeks later, the Supreme Court issued a decision rejecting all of the plaintiffs' witnesses as irrelevant to the trial, and the plaintiffs appealed this decision.

Also in March 2021, the government approved the National Energy and Climate Plan. The defendants then filed a brief requesting dismissal of the case for lack of subject matter jurisdiction. The plaintiffs filed their response on May 26, 2021. In the meantime, the plaintiffs filed additional case challenging the National Energy and Climate Plan. 

On June 14, 2021, the Supreme Court rejected the defendants' motion to dismiss for lack of subject matter jurisdiction. The Court found that the approval of the National Energy and Climate Plan did not exhaust plaintiffs' claims because their claims were broader than simply seeking the passage of the Plan. Instead, they sought an order that the Plan must be more ambitious to be aligned with the objectives of the Paris Agreement. On June 30, 2021, the government appealed. On July 9, 2021, the plaintiffs responded to the appeal. 

On September 14, 2021, the Supreme Court rejected the State's appeal to dismiss the case. The Supreme Court found that the inactivity of the Spanish government can still be observed, since the government has not fully complied with the content of the Paris Agreement.

On March 7, 2022, the Supreme Court issued a ruling (not publicly available) which stated that the case was ready for deliberation. Greenpeace appealed the ruling based on formal considerations. The appeal particularly focused on a request that Greenpeace vs. Spain II be jointly considered and judged, given the close connection between the matters under both of them. On March 31, 2022, the Supreme Court rejected Greenpeace's arguments and confirmed the earlier ruling. The case is pending final decision.

On 20 June 2023, the Supreme Court issued its final decision on Greenpeace v. Spain, known as the trial for climate (“el juicio por el clima”). The decision was notified to the parties on 27 July and, although still pending publication, the Supreme Court ruled in favor of the Government of Spain and against the environmental and human rights organizations such as Greenpeace and Oxfam who sued the Government of Spain alleging failure to take adequate action on climate change. Particularly, the plaintiffs alleged that the National Energy and Climate Plan 2021-2030  (PNIEC) approved by the Government of Spain was not ambitious enough to meet the Paris Agreement's temperature goals.  Spain’s Energy and Climate Plan 2021-2030 is the main Spanish instrument that defines the goals for GHG emissions reduction, sets out the objectives for renewable energy and those of energy efficiency for the period 2021-2030.

The plaintiffs requested the Supreme Court that the PNIEC was declared partially null, as the objectives laid out not to exceed 1.5º C were not ambitious enough, as the GHG emissions reduction should at least be 55% in 2030, compared to 1990, and the organizations found that the 23% reduction set out in the PNIEC was not adequate. Alternatively, the plaintiffs requested the Supreme Court that the PNIEC was wholly declared null. 

Notwithstanding, the Supreme Court decision argues that the Government of Spain has acted in accordance with the Paris Agreement and cannot be held accountable for non-compliance, as it has joined the Paris Agreement through the European Union, and has passed national legislation in accordance with the commitments adopted at EU level. 

The Supreme Court points out that although the Paris Agreement and the subsequent EU commitments and regulations adopted constitute the minimum limit for Member States to adopt their own regulations, it cannot be concluded that the Spanish Government has failed to adopt regulation, when the regulation passed is aligned with the EU commitments to which the Spanish State is adhered such as the Paris Agreement. 

Moreover, the Supreme Court argues that the objectives laid down in the PNIEC cannot be deemed as arbitrarily, but on the contrary, as they are aligned with the EU regulations and follow EU's criteria for PNIECs. The Court goes beyond to state that, in declaring the PNIEC null, and even noting that the Paris Agreement and EU regulations allow Member States to set out more ambitious objectives, if the Court declared the PNIEC null it could be in violation of the scope of their jurisdiction, as the PNIEC was adopted and negotiated harmoniously within the EU.

All documents below are in Spanish. 

Greenpeace v. Spain I

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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

This sector involves the wholesale and retail selling of goods.

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.

Any compulsory, unrequited payment to the government levied on corporations or individuals. This can be for environmental reasons, such as introducing a Carbon tax to set a price that emitters must pay for the greenhouse gases they emit.

Tradable permits are market-based tools that grant permission for specific activities, frequently used to regulate emissions. These permits can be issued within a trading system to manage environmental impacts.

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

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

Energy derived from biological compounds that are renewable due to their short life cycle within the carbon dioxide cycle.

Direct investments by the governments using public funds. This can be to support climate initiatives or integrate climate into other projects.

Activities of businesses and institutions that provide financial services and products to individuals and organisations.

The activities of industries that transforms raw materials into finished goods through industrial processes.

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

A commitment to balance GHG emissions with removal by a certain point in time, effectively reducing the net emissions to zero

This sector creates and distributes information and entertainment through television, radio, print, and digital platforms.

Work that is productive and delivers a fair income, security in the workplace and social protection for all, better prospects for personal development and social integration, freedom for people to express their concerns, organize and participate in the decisions that affect their lives and equality of opportunity.

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

Oil is a combustible liquid fossil fuel composed mainly of hydrocarbons, occurring as crude oil and refined into petroleum products such as petrol, diesel and kerosene.

Actions and measures to adapt and increase resilience of societies and the economy to climate change.

Actions or measures to adapt freshwater systems to climate change.

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

Actions to adapt and increase the resilience of rural and urban infrastructure and settlements to climate change.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

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

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

Coal is a combustible sedimentary rock formed from carbonised plant matter, rich in carbon and hydrocarbons, and occurring in several main types including hard coal and brown coal.

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

Production of electricity and heat from solar irradiation.

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

Actions or measures to adapt freshwater, coastal and marine systems to climate change.

Jobs that contribute to preserving or restoring the environment. We include jobs which require a high amount of green skills or which spend much of their time on green activities, as well as jobs transforming polluting industries.

woman and genders outside of the gender binary

Activities of government agencies and institutions that provide public services, enforce laws and manage public resources.

This sector involves activities to move goods and people, alongside the storage of products.

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.

Greenpeace v. Spain I - judgment

Target

Policy instrument

Risk

Impacted group

Just transition

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance