The Third Chamber of the Supreme Court meets today to proceed to the vote and subsequent ruling in relation to the first climate dispute filed in Spain against the State. Five organizations turned to the Spanish courts to request that the State be forced to increase its ambition in terms of climate action.
Specifically, they demand that this increase the objective of reducing emissions by 2030, to go from the current 23% compared to 1990, contemplated in the current National Integrated Energy and Climate Plan (Pniec), to the 55% requested by the requesting organizations. His argument is that the government’s plans do not conform to the IPCC reports and the Paris Agreement, so as not to exceed 1.5ºC of warming in the average temperature of the planet.
“An affirmative sentence in the trial will not only be a success in the judicial fight against climate change, but will also set a huge milestone in Spanish law with respect to the obligations of public powers to safeguard natural heritage and environmental quality , and the duty of care and guarantee of human rights”, declared Jaime Doreste, lawyer for the plaintiff organizations.
The Government has always maintained that the Spanish plans are in line with European regulations and has shown itself willing to change them within the context of sharing effort among European countries.
According to these organizations, the political measures agreed so far, both in Spanish legislation (local, regional and national) and in the international and European framework, are insufficient to curb climate change.
For this reason, they see strong climate action without delay in the coming years as essential “if we want to avoid the worst impacts and costs,” they say.
In September 2020, Greenpeace, Ecologistas en Acción and Oxfam Intermón initiated the first climate litigation in Spain to request “compliance with the acquired international commitments”.
His lawsuit was filed before the Supreme Court, interpreting that there was “State inactivity” and failure to set the objectives in light of the new revelations from the scientists. They believe that the goals contained in the National Integrated Energy and Climate Plan (Pniec) are not enough.
In March 2021, the three organizations joined Fridays For Future and the Coordinator of Organizations for Development to raise, in June of that same year, a new appeal against the content of said plan.
“The approval of the Climate Change Law and the Pniec represented an important advance compared to the policies of previous governments”, admit these organizations “However, they still do not contain the ambition that is needed to comply with the Paris Agreement and avoid the worst consequences of climate change!
This lawsuit is the first in Spain and follows in the wake of other judicial processes in Europe, such as the Netherlands, France or Germany, where other Supreme Courts have condemned States and forced them to act with greater climate ambition. The five plaintiff organizations now trust that the Spanish Justice will agree with them, and recognize the obligation of the State to protect citizens from the effects of the climate crisis.
They hope that the sentence will require the Government to approve a reduction in emissions from the use of fossil fuels: oil, coal and gas. They advocate a change in the energy model by migrating from fossil sources to renewable sources, such as photovoltaic, wind and geothermal, among others. They insist that “it is urgent to speed up measures to reduce energy demand, increase efficiency in the use of energy and replace fossil fuels with renewable energy.”
Likewise, the plaintiff organizations demand that the parties running in the next general elections clearly express their commitment to the climate and to the measures that science highlights as essential: accelerate climate policies to reduce greenhouse gas emissions by 2030. greenhouse 55% compared to 199
