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Korean Biomass Plaintiffs v. South Korea

Filing Date: 2020
Status: Pending
Case Categories:
  • Suits against governments
    • GHG emissions reduction and trading
      • Other
  • Suits against governments
    • Protecting biodiveristy and ecosystems
Jurisdictions:
  • South Korea
    • Constitutional Court
Principal Laws:
  • South Korea
    • Constitution
  • South Korea
    • New and Renewable Energy Promotion Act
Summary:

On September 28, 2020, more than 60 solar power plant owners and residents near biomass plants sued the South Korean government in the South Korean Constitutional Court, challenging biomass subsidies on climate and pollution grounds. The plaintiffs allege that the South Korean New and Renewable Energy Promotion Act and regulations treat biomass generation as renewable and low or zero carbon, thus making it eligible for significant subsidies. According to the plaintiffs, however, biomass generation leads to forest devastation, higher CO2 emissions than coal, and local air pollution. As a result, South Korea's biomass policy violates South Korean constitutional environmental rights.

The plaintiffs also allege that Korean biomass policy infringes on the property rights of solar power plant owners and other renewable energy developers. They argue that the false classification of biomass burning as carbon neutral and renewable diverts subsidies away from other, truly carbon neutral resources.

At Issue: Whether South Korea's subsidies to biomass generation violate the constitutional environmental rights of solar owners and nearby residents
Case Documents:
Filing Date Type File Summary
09/28/2020 Press Release Download No summary available.
09/28/2020 Complaint Download Korean Version

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

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