Threatened Pacific Island Nation makes legal history by challenging European carbon emitter
New York, 23 May 2011 -- The Federated States of Micronesia (FSM) has made legal history by challenging the development of one of Europe’s largest coal-fired power stations, opening the door for climate-stricken nations to use international law to take action against major carbon emitters that pose a significant risk to their survival.The landmark legal paper, written by FSM, Greenpeace and the Environmental Law Service, and presented today at the Threatened Island Nations Climate Conference in New York’s Columbia University, offers hope to vulnerable countries on the frontline of climate impacts. FSM is one of many nation states experiencing environmental disasters, such as flooding, tidal surges and destruction of food crops, which are already exacerbated by climate change.
“The very real impacts of climate change are happening on our disappearing shores,” said Maketo Robert, Secretary of the Department of Justice and the Attorney General of the Federated States of Micronesia: “This legal tool demonstrates that nations on the frontline of climate change are now supported by, and must prepare to invoke, the international law in making meaningful and more effective inputs into energy decisions.”
“This move by Federated States of Micronesia is a first for climate litigation and the first time a vulnerable nation has established itself as a stakeholder in a dirty energy project on the other side of the planet.” said Jasper Teulings, General Counsel at Greenpeace International. “Vulnerable nations have long been the moral voice on climate change, now they have a legal one too. Governments and corporations need to accept that it is indefensible to pursue dirtyenergy, when a clean and secure future powered by renewable energy is achievable now.”
Jan Srytr of the Environmental Law Service said: “The idea that the responsibility of a state’s decisions extends beyond its borders is not a new concept. However, by accepting this responsibility in relation to impacts of climate change - especially in the context of a specific project– creates a new legal precedent."
The legal intervention centres around FSM’s request for a transboundary environmental impact assessment (TEIA) of a proposed expansion and life-extension of the Prunéřov II brown coal-fired power plant. Although TEIA’s are often triggered by neighbouring states based on physical pollution concerns, this was the first ever use of a ‘transregional’ impact assessment concerning climate change. FSM’s pioneering challenge provides a new legal hook for other threatened island nations to call major polluters to account.
In April 2011, the Czech Ministry of Environment issued a positive environmental impact statement that cleared the way for the construction of the Prunéřov II brown coal-fired power plant. However, FSM was recognized by the Czech Ministry as an “affected state” and required CEZ Group to provide a compensation plan that would offset the additional CO2 emissions. This was clear recognition of the objections to the project’s insufficient energy efficiency measures, raised by FSM and other participants.
CONTACTS
Internationally: Caroline Chisholm on +31 646 16 2018
Greenpeace International Press Desk Hotline +31 (0) 20718 2470
In the Pacific: Josephine Prasad on +679 992 2098
In the Czech Republic: Lucie Jakešová on +420 603 443 140
Notes to editors:
About the Federated States of Micronesia (FSM): FSM is a grouping of six small islands in the Western Pacific, lying just above the equator. While the country’s entire land area amounts to just over 270 square miles, it occupies more than one million square miles of the Pacific Ocean and ranges 1,700 miles from east to west.
About the Environmental Law Service (ELS): The ELS is a non governmental, non profit and non political public interest law organization working to defend the rights of citizens and the environment. For further information contact Jan Srytr jan.srytr@eps.cz or Jiri Nezhyba jiri.nezhyba@eps.cz Tel: 00 420 775 154 073.
About Greenpeace:
Greenpeace is an independent global campaigning organisation that acts to change attitudes and behaviour, to protect and conserve the environment and to promote peace. It comprises 28 independent national/regional offices in over 40 countries across Europe, the Americas, Africa, Asia and the Pacific, as well as a co-ordinating body, Greenpeace International.
