Greenpeace East Asia and others v. Ministry of Economic Affairs

Summary:

On February 3, 2021, Greenpeace East Asia, the Environmental Jurists Association, and four individual plaintiffs filed suit against Taiwan's Ministry of Economic Affairs (MOEA), alleging that the agency's Regulation for Large Power Consumers was not ambitious enough, in violation of the country's climate laws. MOEA's Regulation for Large Power Consumers entered into force on January 1, 2020 and requires large consumers to transition 10% of their contracted capacity to renewable energy. Plaintiffs challenge two aspects of the regulations. They argue that the regulations improperly applied only to 10% of contracted capacity, rather than 20% of actual consumption; and the regulations improperly raised the threshold for who qualifies as a large power consumer to 5,000kWh, exempting 90% of large company consumers. Plaintiffs argue that the defects are 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. Plaintiffs seek a court order for the MOEA to amend the Regulation for Large Power Consumers. According to the plaintiffs, this is the first citizen suit in Taiwan seeking a reduction in carbon emissions.

At Issue: Whether Taiwan's Regulation for Large Power Consumers was not sufficiently ambitious, in violation of the country's climate laws.