Greenpeace East Asia and others v. Ministry of Economic Affairs

The first citizen suit in Taiwan seeking a reduction in carbon emissions, this case was filed on February 3rd, 2021.

The plaintiffs are challenging Taiwan's Regulation for Large Power Consumers which sets a goal of transitioning 10% of capacity to renewable energy. They argue that the regulation is in violation of the Greenhouse Gas Reduction and Management Act and the Renewable Energy Development Act, which set a 20% renewable energy goal by 2025.

Background
This case was filed on February 3, 2021 by a mixed group of plaintiffs who fall into three categories. Four of the plaintiffs are individuals who live in areas directly threatened by rising sea levels and storm surges. They are joined by Greenpeace East Asia, a subsidiary of the international organization, Greenpeace, dedicated to exposing and addressing environmental problems and their causes, and the Environmental Jurists Association. The lawsuit was brought against Taiwan’s Ministry of Economic Affairs (MOEA), who enacted the “Regulations Governing the Chartered Capacity on Electricity Consumption Agreements Which the Users Shall Install Renewable Energy Facilities for Exceeding a Certain Capacity” (Regulation for Large Power Consumers). The Regulation for Large Power Consumers requires large power consumers, defined as users with a contract capacity of more than 5,000 kilowatts (kW), to install 10% of their energy capacity as renewable energy by 2025. The suit alleges that the Regulation for Large Power Consumers is insufficient to meet the climate goals set forth by the Renewable Energy Development, which requires Taiwan to generate more than 27 million kW with renewable energy by 2025. The lawsuit asks the Taipei Administrative Court to order the MOEA to amend the Regulation for Large Power Consumers in order to meet the stated renewable energy goals.

Relevant Law and Principles

 * Regulation for Large Power Consumers
 * Greenhouse Gas Reduction and Management Act
 * Renewable Energy Development Act

Status
The case was initially filed on February 3, 2021 and is awaiting future action.

Takeaways
This is the first citizen suit brought on climate action against the government of Taiwan. Its outcome will play a significant role in the future of climate action.

Links

 * Grantham Research Institute
 * Greenpeace case summary