Greenpeace v. Spain

Greenpeace and other environmental non-governmental organizations filed suit against the Spanish government for failure to act on climate change. The plaintiffs alleged violation of Regulation (EU) 2018/1999 and of the Paris Agreement.

Background
In September 2020, Greenpeace Spain, Oxfam Intermón, and Ecologistas en Acción filed suit against Spain for its contributions to climate change because of inaction. The plaintiffs asked the court to mandate that the government have more aggressive climate policies and "increase its climate ambition" in order to meet domestic policy and international agreement targets. The Spanish climate policy aims for renewables to make up 70% of the nation’s power by 2030 and a 100% clean electricity system by 2050, but environmental advocates claim the progress has not met these targets or the targets of the Paris Agreement. Additionally, Spain's climate policy establishes a plan to reduce emissions 23% from 1990 levels by the end of 2030, which activists say also falls short of the European Union's collective 55% reduction goal stated in Regulation (EU) 2018/1999. Plaintiffs claim Spain has delayed coming up with a sufficient plan and are not doing enough to mitigate the effects of climate change.

Relevant Law and Principles

 * Paris Agreement
 * Regulation (EU) 2018/1999
 * Governance of the Energy Union
 * Intergovernmental Panel on Climate Change recommendations

Status
Whie the case was pending, the Spanish governemnt approved a Long Term Decarbonization Strategy for 2050 in November 2020. After the implementation of the strategy, the government moved to dismiss the case and the plaintiffs agreed to dismiss their claim related to the 2050 strategy but kept their suit regarding the lack of a 2030 plan in December 2020. The case is currently pending.

Takeaways
The case is part of a group of lawsuits launched by environmental groups in the European Union including France, Germany and the Netherlands. The case relates to that of the Urgenda decision and a  Greenpeace Germany case. It is the first climate lawsuit against Spain's government. This case will set extremely important precedent for the country as its first climate case and will impact how much power citizens have in demanding accountability for governmental inaction on climate change.

Links

 * Greenpeace Spain
 * Spain's Integrated National Energy and Climate Plan
 * Analysis of Spain's Climate Policies