petition

Liao and others v. Ministry of Environment (Administrative Case) - petition

Litigation

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Sabin Litigation

Filing Year For Action

On July 3, 2025, seven youth climate activists, represented by the Environmental Rights Foundation (ERF), filed an administrative complaint before the Taipei High Administrative Court. They challenge the Ministry of Environment’s promulgation of the Phase 3 Greenhouse Gas (GHG) Reduction Target, arguing that it fails to align with Taiwan’s 2030 national GHG reduction goal and does not reflect a carbon budget consistent with the Paris Agreement’s 1.5 °C warming limit. Considering the suspension of the previous constitutional petition due to the political confrontation, the ERF chooses to bring this case to the Administrative Court. The plaintiffs frame the suit as a matter of intergenerational justice, emphasizing the disproportionate climate burden placed on younger and future generations.

Under the 2023 Climate Change Response Act, the Ministry of Environment must issue updated national GHG reduction targets every five years. The agency previously adopted the Phase 1 target in 2018 and the Phase 2 target in 2021 under the Greenhouse Gas Reduction and Management Act of 2015. On May 6, 2025, the Ministry announced the Phase 3 target, setting a goal to reduce national GHG emissions by 28 ± 2% below 2005 levels by 2030.

The plaintiffs contend that this target is legally deficient and scientifically inadequate. First, the Phase 3 reduction target prescribes only the 2030 goal, and fail to specify annual reduction goal, violating Article 10 of the Climate Change Response Act. Second, they argue that the phase 3 target is inconsistent with the legal target of the 2050 net-zero emissions, fails to incorporate the best available scientific evidence, and neglects recommendations from climate experts and the Intergovernmental Panel on Climate Change (IPCC) for pathways consistent with limiting warming to 1.5 °C. Furthermore, the plaintiffs claim the Ministry did not adequately conduct public consultation or provide a reasoned explanation of how the Phase 3 target constitutes Taiwan’s “fair share” of global mitigation obligations.

The complaint alleges violations of Articles 1, 5, 6, and 10 of the Climate Change Response Act and asserts infringements of constitutional rights to equality, life, and personal freedom. Plaintiffs request that the Court to annul the Phase 3 target and order the Ministry to promulgate a more stringent, scientifically grounded emissions-reduction trajectory.

The Administrative High Court has not scheduled the trial yet.