Fridays for Future Estonia v. Eesti Energia

Young Estonian climate activists brought a suit seeking to block the construction of a new shale oil plant. They argued that inadequate consideration had been given to the Paris Agreement during the approval process.

Background
The Estonian state-owned energy group, Eesti Energia, was issued a permit to start the construction of a new shale oil plant. Activists spoke out against the new plant, meeting with the Estonian prime minister and writing appeals to the government, and ninety public figures signed an open letter urging the Estonian government to withdraw public funding and revoke the permit--but to no avail. Thus, the group Fridays for Future Estonia, supported by Friends of the Earth (FoE) Europe, filed suit in April 2020 against the Estonian energy company for the new plant's potential environmental impact. Fridays for Future Estonia is the Estonian branch of a global youth movement that pressures governments to restore the environment and mitigate the climate crisis. The official applicant is MTÜ Loodusvõlu, a non-profit founded by members of Fridays for Future Estonia.

Fridays for Future stated that Estonia is on track to miss the 2030 reduction targets, violating the Paris Agreement. In the suit, Fridays for Future alleges the construction permit was issued without proper assessment of climate impacts and the commitments made in the Paris Agreement and the European Union's climate neutrality 2050 goal. The claimants ask for the permit to be revoked and for the court to grant preliminary judicial protection and an injunction on the construction until the trial finishes.

Relevant Laws and Principles

 * Paris Agreement

Status
The case is currently pending. In May 2020, the Tatu Administrative Court did, however, strike down the plaintiff's request for a preliminary injunction on construction, a decision that Fridays for Future has 15 days to appeal. The Court said that if proceedings don't conclude until the plant is launched, the plaintiff can submit another interim injunction application.

Takeaways
This case is one of many others regarding the state's involvement with and financing of fossil fuel industries, such as the PUSH Sweden Case. For Estonia, this will set an important precedent. The Fridays for Future spokesperson, Kertu Birgit Anton, says, "The court’s decision to admit the petition is of historical significance. The climate is still changing and these legal proceedings will bring clarity to debate as to whether or not the construction of this oil shale plant will allow Estonia to meet its climate goals or not. As well as what decisions, if any, can be challenged in Estonia on the grounds of climate change".

Links

 * Fridays for Future Estonia
 * Environmental Justice Atlas Description
 * Friends of the Earth