Case Law Database
Japan Climate Case Japan for Tomorrow
| Date of Application: | Tue, 06 Aug 2024 |
|---|---|
| Decision Making Body: | Nagoya District Court |
| Law Applied: | Japan Civil Code Article 709 (Tort) Japan Civil Code Article 719 (Joint Tort) |
| Keywords: | CO2 emissions, Precautionary principle, Duty of care |
| Full Case Details - Download Full Judgment (pdf) |
Japan Climate Case Japan for Tomorrow
At Issue: Whether the power company's failure to make appropriate efforts to reduce CO₂ emissions constitute a violation of the plaintiffs' rights
16 young people from Japan nationwide, from Hokkaido to Kyushu, filed a case in the Nagoya District Court against 10 thermal power companies, including JERA Corporation, asking for an injunction against CO2 emissions based on the scientific standards. To ensure the plaintiffs and young people across Japan live tomorrow and, in the future, the defendants, the major Japanese electric power companies must decarbonize by the 2030s at least to limit the rise in average global temperatures to 1.5°C above pre-industrial levels. This case demands the defendants’ implementation of the emission reductions required by science. As we enter the era of "global boiling," temperature rises are approaching 1.5°C worldwide, including Japan. We have already experienced extreme heat of over 40°C.
On July 25, UN Secretary-General António Guterres stated that temperature will continue to rise. He also noted that extreme heat is the new normal, which is increasingly straining economies, increasing inequality, and costing people their lives. He pointed out the anthropogenic climate change caused by the use of fossil fuels as the cause, to call for accelerated emission reductions. The situation requires immediate and decisive action. The CO2 emissions of Japan's power generation sector (390 million tons), including the defendants, equates to 16th place in the global ranking of emissions by country. It is also Japan’s largest emitting sector, accounting for about 40% of Japan's energy-derived CO2 emissions. The International Energy Agency (IEA) and the G7 agreement also demand carbon neutrality of the power sector by 2035. The defendants of 10 companies, Japan's largest thermal power producers including JERA, are responsible for 333 million tons of CO2 emissions (in 2019), equivalent to 33% of Japan's energy-derived CO2 emissions. The Intergovernmental Panel on Climate Change (IPCC) calls for a 48% reduction in CO2 emissions by 2030 and a 65% reduction by 2035 compared to 2019 levels to achieve the 1.5°C target (50% confidence). Avoiding dangerous climate change is the world's greatest common concern, to reduce emission reductions to the levels required by the IPCC.
Large emitting companies in Japan, which is a developed country, are also obligated to reduce their emissions to this level. The same should be applied to the defendants, the power generators, as a minimum obligation. However, the 2030 reduction targets proposed by the defendants are not only below the requisite level but are also extremely inadequate in that they continue to use coal-fired power generation and rely on technically unproven technologies such as hydrogen, ammonia co-firing, and CCS, all of which have little effect on emission reduction. Moreover, the defendants have not even set the 2035 target at all except JERA, which has set only a 40% reduction target from 2019 levels. In light of these circumstances, it is nearly impossible to assert that they are developing a plan that aligns with the 1.5°C objective. The plaintiffs filed this case in order to be protected from the even more severe impact of climate change, claiming the court’s order for the defendants to fulfil their legal obligation to reduce their emissions The plaintiffs also expect the defendants to shift to a renewable energy company.
The First hearing was held on October 24, 2024, where the ten defendant companies made it clear that they would fight. The next hearing date is set for February 18, 2025.
Summary provided courtesy of Sabin Centre
Youth Climate Case Japan for Tomorrow - Climate Change Litigation
Court documents:
Press release (English)
Related CRC articles
- 6. Right to life, survival and development (CRC Article 6)
- 24. Right to health, healthcare, and a healthy environment (CRC Article 24)
Cited CRC articles
- 6. Right to life, survival and development (CRC Article 6)
- 24. Right to health, healthcare, and a healthy environment (CRC Article 24)
The plaintiffs argue that the failure of the utility companies to adequately address climate change violates their rights under the CRC, particularly their rights to life, health, and a safe environment.
Involvement of children in hearings
- Written presentation
Future generations
Outcome of decision for the applicants
- Decision pending
Did outcome of decision develop the law
- Yes
Involvement of NGO/law firm in application
Lawyers on legal team
原田 彰好 HARADA Akiyoshi
浅岡 美恵 ASAOKA Mie
樽井 直樹 TARUI Naoki
中根 祐介 NAKANE Yusuke
藤川 誠二 FUJIKAWA Seiji
片口 浩子 KATAGUCHI Hiroko
小出 薫 KOIDE Kaoru
飯島 吾郎 IIJIMA Goro
半田 虎生 HANDA Torai
小島 寛司 KOJIMA Hiroshi
渡部 貴志 WATANABE Takashi
Available information on how children got involved in the litigation
Youth Climate Case Japan (youth4cj.jp)
In-Depth Look: Youth Climate Lawsuit Takes on Japan's Power Industry (climate-court.com)
Age range of litigants
- 13-17
- 18-25
Number of children or youth involved
16