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EU Biomass Plaintiffs v. European Union

Filing Date: 2019
Status: Pending
Case Categories:
  • Suits against governments
    • Human Rights
      • Other
  • Suits against governments
    • GHG emissions reduction and trading
      • Other
  • Suits against governments
    • Protecting biodiveristy and ecosystems
Jurisdictions:
  • European Union
    • European Court of Justice
  • European Union
    • General Court (known as Court of First Instance before 2010)
Principal Laws:
  • European Union
    • Primary Law
      • EU Charter on Human Rights
  • European Union
    • Secondary Law
      • Directives
        • 2018 Revised Renewable Energy Directive
Summary:

On Monday, March 4th, 2019, plaintiffs from six countries filed suit against the European Union in the European General Court in Luxembourg to challenge the treatment of forest biomass as a renewable fuel in the European Union’s 2018 revised Renewable Energy Directive (known as RED II). RED II requires EU Member States to achieve an EU-wide target of 32% energy consumption from renewable sources by 2030. The plaintiffs allege that RED II will accelerate widespread forest devastation and significantly increase greenhouse gas emissions by not counting CO2 emissions from burning wood fuels.

Plaintiffs describe the lawsuit as documenting the environmental, societal, and public health impacts associated with the increased logging, wood pellet manufacturing, and production of biomass energy driven by the RED II forest biomass policy. They allege that the policy is incompatible with the environmental objectives of the Treaty on the Functioning of the European Union and violates the EU Charter on Fundamental Rights (Art. 32 and 57).The plaintiffs are a group of individuals and non-governmental organizations (NGOs) from Estonia, Ireland, France, Romania, Slovakia, and the United States. The case also may be found under the name Sabo and Others v Parliament and Council.

On May 6, 2020, the Court dismissed the case on standing grounds, reasoning that the directive is an act of general application, the applicants are not in a situation different from an indeterminate and indeterminable body of EU citizens, and therefore the directive is not of individual concern to them. Plaintiffs appealed to the Court of Justice of the EU.

On January 14, 2021, the Court of Justice rejected the appeal, upholding the lower court decision dismissing the case on standing grounds. The Court of Justice reasoned that the lower court made no error in law in concluding that plaintiffs had not demonstrated that the directive was of individual concern to them.

At Issue: Whether the European Union’s 2018 revised Renewable Energy Directive illegally treats forest biomass as a renewable fuel by not counting CO2 emissions from burning wood fuels
Case Documents:
Filing Date Type File Summary
03/04/2019 Press Release Download No summary available.
05/06/2020 Judgment Download General Court judgment dismissing case
01/14/2021 Judgment Download Court of Justice judgment rejecting appeal

© 2023 · Sabin Center for Climate Change Law · U.S. Litigation Chart made in collaboration with Arnold & Porter Kaye Scholer LLP

The materials on this website are intended to provide a general summary of the law and do not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.