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China Briefing handpicks and explains the most important climate and energy stories from China over the past fortnight. Subscribe for free here.
Key developments
Climate leadership and cooperation
ENVOY REMARKS: Xinhua published an exclusive interview with Chinese climate envoy Liu Zhenmin, in which he spoke about how China-Europe cooperation could make a “positive contribution” to combating climate change. In the interview, Liu said that developed countries were “generally worried about who will share the responsibilities that the US should bear” after its withdrawal from the Paris Agreement, adding that China “deeply regretted” the “shrinking space” for US-China climate cooperation. The outlet quoted Liu saying: “However, we must see that China and the US do not have fundamental differences in the field of climate change, but rather have broad space for cooperation.”
EU AMBIVELANCE: Meanwhile, the EU’s ambassador to China, Jorge Toledo, warned that the EU may not hold an expected “high-level economic [and] trade dialogue” with China in July, due to current negotiations over Chinese EV tariffs and supply chains “not making progress”, reported the Hong Kong-based South China Morning Post (SCMP). European countries, such as the Netherlands, France and Germany, on the other hand, have expressed interest in more collaboration in areas such as climate and the low-carbon transition, said state-supporting media the Global Times. Belinda Schäpe, China policy analyst at Centre for Research on Energy and Clean Air (CREA), nevertheless wrote on LinkedIn that while both China and Germany “expressed support” for tackling climate change, it is “unclear how this will translate into Germany’s position on cooperation in areas like energy transition or climate diplomacy”.
EARLY PEAK?: China’s emissions will “likely peak a few years ahead of its self-set deadline of 2030”, Bloomberg said, reporting comments by Zhu Guangyao, who was the country’s vice minister of finance from 2010-2018 and who cited analysis recently published by Carbon Brief. The outlet quoted Zhu saying: “It’s most likely China will realise the peak of carbon emissions a few years before 2030…That’s good news for China, also good news for Asia, for the whole world.” Meanwhile, the SCMP published a comment article by former UN secretary general Ban Ki-moon on China’s “green energy leadership”. In the article, Ban called on China to target a 30% reduction in emissions below 2023 levels by 2035 in its next international climate pledge (nationally determined contribution, NDC).
New plan for ‘green’ manufacturing

‘GREEN TRANSFORMATION’: China’s central government approved an action plan for “advancing the green and low-carbon development” of the manufacturing sector between 2025 and 2027 at a State Council executive meeting, reported state news agency Xinhua. The full text of the action plan is not yet public. The meeting called for “deep[ening the] green transformation of traditional industries” while “accelerat[ing] innovation in green technologies”, added the outlet. The state-owned newspaper Securities Daily said that the policy extends “intensive” regulatory support and will affect a range of industries, including steel, metals and construction. About 20% of the “total output of China’s manufacturing industry” in 2024 had already come from “national-level green [factory] plants”, added the newspaper. (According to the “general principals” outlined by the Chinese government, such plants have tighter requirements on their emissions of greenhouse gases and other pollutants.)
RECTIFY THE ‘RAT RACE’: Meanwhile, the National Development and Reform Commission (NDRC) commented on “neijuan” (内卷) – officially translated as “rat race competition” that leads to oversupply in affected industries, including clean energy, steel and oil refining, reported Xinhua. According to the newswire, the NDRC said at its May press conference that this “rat race” had “disrupted” fair competition and “must be rectified”. According to the NDRC transcript, government officials called for eliminating “inefficient and backward production capacity” in the oil refining and steel industries, “preventing blind new construction” in the coal chemical and aluminium industries, and “guiding” “new-energy vehicle” (NEV) and solar companies to “focus on technology research and development”. Nevertheless, the officials stated that the majority of the investments the NDRC had approved from January to April this year were still in the “energy” and “advanced technology” sectors, among others, reported Chinese media outlet Dazhong News. The NDRC also said its “two new” policy “stimulated green consumption” of products such as NEVs, according to the transcript. Separately, the production of NEVs rose by 39% in April, said the Communist party-affiliated People’s Daily, adding that China’s “shift toward intelligent and green development is gaining momentum”.
‘Record’ solar added as policy deadline looms
SOLAR RUSH: China installed a “record” 105 gigawatts (GW) of solar capacity between January and April 2025, industry outlet PV Tech said, citing a recent data release by the National Energy Administration (NEA). It added that “April alone” accounted for 45GW of new additions – compared to a total of 46GW solar installations in China between January and March 2024 – as a deadline set by a new renewable pricing policy “triggered a project installation rush”. [Outside China, the US is the only country in the world to have more than 105GW of solar capacity in total. The UK has 18GW.]
THERMAL FALL: Analysis by thinktank Climate Energy Finance found that the amount of new solar installations between January and April was eight times larger than that of new thermal capacity (13GW, mainly coal). It added that China’s coal plants were only running 46% of the time on average in the first four months of 2025, saying that this was a “record low”. Similarly, Reuters reported that “thermal power generation in China, fuelled mainly by coal, fell 2% in April and 4% from January to April amid slower overall power output growth”. New data from energy thinktank Ember found that wind and solar power generated 26% of the country’s electricity in April 2025, the “highest monthly share on record”.
ROOFTOP ‘BOOM’: Meanwhile, separate data from consultancy Rystad Energy found that, of the 60GW of solar installed between January and March 2025, rooftop solar installations accounted for 36GW, marking the “highest quarterly total for distributed solar in [China’s] history”, solar news outlet PV Magazine reported. Industry news outlet SolarQuarter said that, according to Rystad Energy’s forecasts, the rooftop solar installation “boom” will continue through to June 2025, “potentially pushing total distributed solar capacity additions for the year to 130GW”.
SOLAR CYBER SCARE: Reuters reported that the US government is “reassessing the risk posed by Chinese-made” renewable energy components after “rogue communication devices not listed in product documents ha[d] been found in some Chinese solar power inverters by US experts”. The newswire added that it “was unable to determine how many solar power inverters and batteries they have looked at”. Following this, the Japanese government also “launched an investigation into Chinese-made solar panels”, reported SCMP. Tom Nunlist, associate director at consultancy firm Trivium China, wrote on LinkedIn that while “an industrial-scale plot to disrupt the US power grid” cannot be ruled out, it is “far more likely that we’re dealing with commonplace bill of materials errors”. He added that “given the atmosphere, I think there’s a good chance this will get blown way out of proportion”. Meanwhile, the industry association SolarPower Europe called for stronger cybersecurity rules for Europe’s clean-energy installations, following the discovery of “unexplained electronic components in imported circuit boards from an unnamed country destined for [Denmark’s] energy infrastructure”, PV Magazine said. It added that the “suspicious elements were not solar components”.
Extreme weather sweeping across China
RAIN AND FLOODING: Four people were killed by “torrential rain” in Guizhou province in southwest China and 17 people remained missing, reported Reuters on 23 May. China is facing “hotter and longer heatwaves and more frequent and unpredictable heavy rain as a result of climate change” and its “huge population” made the country “especially vulnerable to the effects of climate change, authorities have said”, added the outlet.
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EXTREME HEAT: Temperatures in north China reached as high as 43C in May, according to China Qixiang Aihaozhe, a popular scientific blog. State broadcaster CGTN reported that many places in the provinces of Henan and Hebei broke local temperature records for May and that ground temperatures in “multiple places” broke 70C on 20 May. The outlet noted that May is a “critical” period for maximising wheat harvest yields. Reuters reported that China disbursed 1.4bn yuan ($194m) for “agricultural production disaster prevention and relief”. Meanwhile, cooling demand from air conditioners could drive electricity demand to be about 100GW higher than last year, Bloomberg cited the NEA as saying. Lauri Myllyvirta, lead analyst at CREA, posted on Bluesky that, even if this demand does disrupts the recent plateau in China’s emissions, the “structural trend” of clean-energy additions pushing overall emissions down will continue to drive reductions in the long-term.
68%
The share of China’s overseas energy investments that went to solar and wind projects between 2022-2023, reported Inside Climate News citing data from Boston University’s Global Development Policy Center. Only 13% of investments had gone into solar and wind from 2000-2021, added the outlet, noting that 2021 was the year that China pledged to stop funding overseas coal projects.
Spotlight
What is China’s ‘Shenzhen model’ for city-level low-carbon transition?
Shenzhen, a city bordering Hong Kong that is known for pioneering China’s economic reforms, is leading the country in several carbon mitigation measures and is seen as a “pilot” for the construction of “low-carbon cities”.
Carbon Brief looks back at Shenzhen’s efforts to date and assesses its progress on carbon mitigation. The full article will be available on Carbon Brief’s website.
Electric transportation
Since the 2000s, Shenzhen has developed strategies for “low-carbon development”. Part of this included nourishing the growth of a number of “strategic emerging industries”, such as “new-energy vehicles” (NEVs).
According to a government work report, Shenzhen – whose population makes up 1% of the country’s total – produced 22% of China’s NEVs in 2024. NEV also comprised 77% of the new car sales in Shenzhen last year, significantly higher than the national share of 48%.
The city has also replaced all of its buses, taxis and ride-hailing cars with electric versions – the first city to have done so in China.
Heran Zheng, lecturer in sustainable infrastructure economics and finance at University College London (UCL), told Carbon Brief that a city’s green transition mainly requires two focuses: “transport transition” and “industry decarbonisation”.
With no major heavy industries, Shenzhen has an “advantage” in industry low-carbon transition, said Zheng, which allows it to set “more ambitious” emissions targets.
Carbon control
Shenzhen was China’s “first city to explicitly state its commitment to the ‘dual control [of carbon]’ system”, according to Dialogue Earth. It issued two “implementation plans” towards this effort and developed a city-level carbon emissions cap.
Shenzhen plans to reduce its energy intensity by 14.5% before the end of 2025, compared to 2020 levels. The national energy intensity target is 13.5% during the same period.
Zheng said that Shenzhen’s commitment “should be within its capacity”, adding:
“There are three major carbon mitigation areas – steel, cement and electricity. Shenzhen has no major steel and cement industries, so it only needs to largely focus on electricity…In addition, the city is a technology hub. A lot of high-emission manufacturers have moved out of Shenzhen to its neighbouring cities.”
Another “big difference” between Shenzhen and other cities is that “Shenzhen has its own nuclear power”, said Zheng, which is “important” for the city’s electricity transition – the remaining sector that Shenzhen needs to put efforts on towards green transition.
Low-carbon energy
According to a 2021 report, nuclear power is Shenzhen’s “largest local power source”. It contributed 35% of the city’s total power generation in 2021.
Nuclear dwarfs all the other clean energy sources feeding into the city’s grid. The Shenzhen local authority’s 2025 government work report says current solar power capacity stands at about 1GW – and it does not mention wind capacity.
Its “14th five-year plan for climate change response” says that Shenzhen’s renewable energy capacity has “little room” for future growth due to “scarce” energy resources and “limited” land for wind and solar power.
In 2024, China approved the construction of more nuclear reactors in Shenzhen’s neighbouring city of Huizhou.
The Shenzhen government also aims to “raise the combined share of natural gas, nuclear and renewable energy to 90% in 2025, up from the current figure of 77%, which is noticeably ahead of the nationwide figure of 52%”, according to research published in 2022.
‘Green finance’
Shenzhen was one of the first seven cities and provinces in China that established a local “pilot” emissions trading system (ETS) in 2013, ahead of the national rollout in 2021.
Yan Qin, carbon analyst at consultancy firm ClearBlue Markets, told Carbon Brief that despite Shenzhen’s plans to expand the coverage of its ETS, most pilot ETSs are seeing their coverage “shrinking” due to enterprises leaving to join the national ETS.
In the meantime, Shenzhen issued China’s first overseas sales of “green government bonds” in 2021 in Hong Kong. In contrast, China’s national sovereign bonds were only available to international buyers from April 2025.
Zheng said that the impact of the green bonds is “hard to evaluate”. He added that projects, such as sewage treatment, can “also fall into the category of ‘green bonds’”. Although linked to energy efficiency improvement, they nonetheless make only “limited contributions” to cutting carbon emissions, he added.
‘Shenzhen model’
The local government and media outlets have touted the city’s achievements on climate as the “Shenzhen model”.
But Shenzhen’s journey is not all “replicable”, said Shen Xinyi, analyst and China team lead at the Centre for Research on Energy and Clean Air (CREA), adding that “Shenzhen capitalised on the opportunities of its era”.
Zheng said Shenzhen can “only represent a [certain] type of city in China, the ‘top tier’, such as Beijing, Shanghai and Guangzhou”. He added:
“There are more than 300 cities in China, all facing unique transition situations. It is meaningless for coal-heavy industrial cities to learn from Shenzhen.”
Other cities must “adapt strategies according to their unique conditions”, Shen added.
This report is by freelancing climate journalist Henry Zhang and Carbon Brief’s China section editor Wanyuan Song.
Watch, read, listen
CRITICAL MINERALS: An episode of consulting firm Trivium China’s podcast discussed China’s critical mineral export controls.
‘MARSHALL PLAN’?: Sam Geall, Dialogue Earth’s outgoing chief executive officer, published a comment on China’s new role amidst shifting “climate politics”.
US-CHINA DECOUPLING: In an exclusive interview with Chinese financial media Caixin, Huang Hanquan, dean of the Chinese Academy of Macroeconomic Research – a thinktank under the direct management of NDRC – said there are still “risks” in US-China decoupling.
‘ZERO-CARBON’ PARKS: The 21st Century Business Herald, a Chinese media outlet, published an interview with Chai Qimin, director of the International Cooperation Department at the National Center for Climate Change Strategy and International Cooperation, a thinktank under the China’s Ministry of Ecology and Environment, talking about “zero-carbon industrial parks”.
New science
Peer effects on rural household carbon emissions in China
Scientific Reports
New research found that the “peer effect” – a phenomenon where an individual’s behavior and attitudes are influenced by their peers – has a “significant positive impact” on carbon emissions in rural China. The paper quantified emissions from rural Chinese households over 2012-20 using data from “China family panel studies” and “carbon emission accounts and datasets”. The authors found that carbon emissions from “low social status families” are influenced by those of “high social status families”. They added that the “peer effect has a relatively greater impact on the carbon emissions of farmers in the eastern region”.
The impact of carbon news coverage on corporate green transformation
Scientific Reports
A new study of Chinese companies found that “carbon news coverage significantly enhances the corporate green transformation”. The authors examined the effect of “carbon news coverage” on the green transformation of “Chinese A-share listed enterprises” over 2013-21. They found that “carbon news coverage” can help enterprises with their “green transition” by “alleviating financing constraints, strengthening environmental information disclosure and increasing R&D investment”. They added that “carbon emissions trading market and carbon news coverage serve as multiple co-regulations of formal and informal environmental regulation, synergistically advancing enterprises’ green transformation”.
China Briefing is compiled by Wanyuan Song and Anika Patel. It is edited by Wanyuan Song and Dr Simon Evans. Please send tips and feedback to china@carbonbrief.org
The post China Briefing 29 May 2025: The ‘Shenzen model’; Record solar growth; NDRC rejected industrial ‘rat race’ appeared first on Carbon Brief.
Climate Change
Battle over cleaning up shipping set to resume at London talks
The US is expected to resume its attempt to sink measures for a greener global shipping sector at closed-door talks between governments at the International Maritime Organization (IMO) in early September.
The US and oil-producing allies like Saudi Arabia want to weaken a proposed plan for cleaner fuels that aims to reduce planet-heating emissions from the industry, which relies heavily on dirty bunker fuels. Shipping currently represents 3% of global emissions.
Those that want a softer system are likely to back a Liberian proposal which expert analysis suggests would see emissions fall by only half at most by 2050, far short of the sector’s agreed climate goals.
After several years of debate, governments provisionally agreed in April 2025 on the “Net Zero Framework” (NZF), a series of emissions reduction targets for shipowners, backed up with financial rewards for meeting the targets and fees for missing them.
But in October 2025, after a high-profile intervention from US President Donald Trump and threats of sanctions and visa restrictions, the US convinced a majority of voting nations to postpone the adoption of the NZF for a year.
Ralph Regenvanu, climate minister for the Pacific nation of Vanuatu, called the delay “unacceptable” given the urgency of accelerating climate change.
After a round of low-profile talks in May, the first of three further sets of talks on how to clean up shipping will begin at the IMO’s riverside headquarters in London on Tuesday, culminating in a final public session in November.
Em Fenton, who follows the talks as senior director of climate diplomacy at Opportunity Green, an NGO focused on aviation and shipping, said governments should not be sidetracked by alternative proposals to the NZF, calling them “a distraction from a hard-fought multilateral compromise”.
“If countries want to deliver a just and fair maritime transition, there is really only one choice: back the NZF and stand together in solidarity against those who would tear it apart,” Fenton added.
Five proposals on the table
Governments will discuss five different proposals submitted in advance of next week’s meeting. The most ambitious of these is from the Pacific island nation of Tuvalu, which has proposed a levy on the entirety of a ship’s emissions rather than just those above a certain level, as the NZF envisions.
That had been the original demand of Pacific nations before the NZF was provisionally adopted in April 2025. At the time, Tuvalu’s transport minister Simon Kofe described the NZF as disappointing and not ambitious enough.
For this reason, six Pacific countries abstained in the vote on the NZF. While they supported the original plan for its adoption in October 2025, they have used the delay to push again for more ambition.
John Kautoke, advisor to a group of Pacific nations called 6PAC+, told Climate Home News that the NZF “cannot diminish its already inadequate ambition. If anything, the NZF must increase in ambition if we are going to renegotiate its parameters.”
Analysis by the Institute of Marine Engineering, Science and Technology (IMarEST) suggests that, of the five proposals, only Tuvalu’s would meet the 2030 and 2040 emissions reduction targets for global shipping that were agreed by governments in 2023. Those were for cuts of 20% between 2008 and 2030, 70% by 2040 and then reaching net zero “by or around, i.e. close to 2050”.
Despite this, the UK, Australia, Canada and South Africa have formally proposed that governments adopt the NZF, which won support in a 63-13 vote among governments at the April 2025 talks. Trump’s US walked out halfway through.
According to IMarEst’s analysis, while the NZF proposal will not be enough to meet the industry’s targets, it will reduce emissions more cheaply than the Pacific proposal.
A proposal by Brazil – which fought hard for the NZF last October – suggests tweaking the framework to make meeting targets easier in the short term and harder in the long term.
While this compromise will make it more appealing to the owners of polluting ships and countries that support them, IMarEst estimates it would lead to higher cumulative emissions than either the NZF or Pacific proposals.
The NZF stipulates that fees for high-polluting shipowners should be be put into a Net Zero Fund and used to promote clean shipping fuels and a fairer transition. The Brazilian proposal would delay raising and spending these funds by two years, from 2029 to 2031.
Liberia’s proposal weakens emissions cuts
The US and Saudi Arabia are likely to swing behind a new proposal from Liberia, whose government makes millions of dollars a year selling the right for shipowners to register their vessels in the small West African nation via a US-based company.
This proposal would weaken the emissions reduction targets. IMarEst says it would cut the industry’s emissions at most by a half by 2050, falling far short of the target agreed in 2023 for international shipping to reach net zero “close to 2050”.
It would also replace the NZF’s fees for missing targets with a carbon trading system. As a result, there would be no Net Zero Fund and therefore less money available to incentivise green fuels and make the transition more equitable for poorer nations.
Pacific advisor Kautoke said that, as well as preventing shipping from reaching zero emissions by 2050, Liberia’s proposal would mean the Pacific “will not receive any support to deal with the disproportionately negative impacts created by the cost of the transition”.
“We get a double blow if we adopt the Liberian proposal,” he warned. “We get all the cost of a transition without any support, and we have an industry that continues to burn fossil fuels to an unforeseen point.”
Japanese proposal favours shipowners
Japan has submitted a late proposal to amend the NZF so that shipowners have more control over how the fees they would pay for emitting above a set threshold are spent.
University College London professor Tristan Smith has argued that this change means there will be no central mechanism to incentivise investments in clean fuels. He wrote on LinkedIn that under the system put forward by Japan, shipowners would be able to select which green projects their fees would go to. They could choose their own or those of a sister company or other shipowners, rather than funding broader just transition projects that would benefit marine workers or developing countries hit by rising shipping costs.
Despite its flaws, Smith added that Japan’s proposal “could still get taken seriously by some, given how appealing it may seem to shipowners who have consistently demanded control of revenues, and given how the US and other member states have pushed back against the IMO Net Zero Fund and [greenhouse gas] pricing.”
Tacit or explicit approval?
Next week, governments are expected to make statements saying which proposals – or which aspects of proposals – they prefer. Another set of talks will be held from November 23-27 before a potentially final round from November 30-December 4.
A new framework to tackle shipping emissions could be adopted at those talks if two-thirds of countries that are present and signed up to a regulation called Marpol Annex VI – endorsed by just over 100 states – vote in favour of it, as they did in April 2025.
The US and its allies are also trying to change the rules to make the next stage more difficult. Decisions that have been adopted at IMO meetings usually take effect automatically unless a certain number of countries object within a certain time period decided by governments, a system known as tacit approval.
But the US wants that to require explicit approval instead, so that any new emissions standard would not come into force unless enough governments – representing a certain percentage of the world’s shipping fleet – actively indicate support for it.
Critics say this change would give a small number of countries with large shipping registries the power to block implementation. Liberia has the world’s biggest shipping registry, run by an American company, followed by Panama and the Republic of the Marshall Islands.
Liberia and Panama have supported the US at the talks on the Net Zero Framework. The Marshall Islands has long been one of the most vocal supporters of climate action in shipping but, with its officials and shipping registry income vulnerable to US retaliation, did not sign on to the recent Pacific proposal vowing to strengthen the NZF if it is re-opened.
Brazilian negotiator Adriana de Medeiros Gabinio warned in April that the NZF’s opponents are trying to change the rules by which it comes into force as a “safety net to block” it.
The post Battle over cleaning up shipping set to resume at London talks appeared first on Climate Home News.
Battle over cleaning up shipping set to resume at London talks
Climate Change
Coles, Woolworths failing on deforestation commitments
SYDNEY, Wednesday 26 August 2026 — New 2026 Sustainability Reports released by supermarket giants Coles and Woolworths this week demonstrate the retailers are failing on their commitments to end deforestation in their supply chains.
Adele Chasson, Nature Policy Lead at Greenpeace Australia Pacific said:
“These so-called sustainability reports are revealing. Despite their public commitments in 2024 and 2025, neither Coles nor Woolworths have taken deforestation-linked beef off their shelves. Meanwhile, bulldozers continue to tear up forests and bushland, pushing wildlife closer to extinction and causing mass toxic runoff to flow into the Great Barrier Reef. Millions of native animals like koalas are losing their homes to beef pastures each year, while the big supermarkets put off action.
“Australians would be shocked to know that beef on the shelves of our biggest supermarkets could be pushing threatened species to the brink of extinction. Collectively Coles and Woolworths have made more than $2 billion in profits in the last year, profiting from the destruction of wildlife and precious Australian nature. Coles and Woolworths owe it to shoppers to deliver on their promises and end deforestation in their supply chains now.
“As big beef buyers, Coles and Woolworths have an essential role to play in keeping Australia’s unique forests standing. They can help stop the Great Barrier Reef from being poisoned by runoff and protect iconic forest wildlife by taking deforestation off their shelves. It’s time these big companies put their money where their mouths are and follow through on their promise of sourcing and supplying deforestation-free beef.”
Climate Change
New Zealand moves to protect business with law curtailing climate litigation
New Zealand’s parliament has adopted a controversial new law blocking a whole avenue of climate litigation and shutting down its most advanced corporate lawsuit, which has been blamed by the government for shaking business confidence and investment.
The Climate Change Response (Tort Liability) Amendment Bill, expected to take effect in the coming days after it is formally signed by the Governor-General, prevents all current and future civil claims for climate loss or harm under tort law.
Justice minister Paul Goldsmith said last week that the aim was to give businesses “certainty around their climate change obligations”, noting it would not alter the government’s responsibilities under the Climate Change Response Act 2002 nor business obligations under the Emissions Trading Scheme.
“Our response to climate change is best managed by the Government at a national level and not through piece-meal litigation in the courts,” he added in a statement.
Such litigation, he said, “risks developing a new regime that contradicts the framework Parliament has already enacted” to tackle climate change.
Goldsmith singled out a key domestic climate lawsuit brought by Northland iwi leader and activist Mike Smith against six big companies: dairy firms Fonterra and Dairy Holdings, energy firms Genesis Energy and Z Energy, New Zealand Steel and coal mining firm BT Mining. A seventh original defendant, Channel Infrastructure, was dropped after it permanently decommissioned its Marsden Point oil refinery.
Smith argued that these companies had caused him harm under public nuisance and negligence law, as well as a third breach of a duty to cease contributing to climate change that has yet to be tested domestically. He did not seek financial compensation, instead asking for the companies to immediately stop emitting or contributing to net greenhouse gas emissions.
In one of the most advanced corporate climate accountability lawsuits in the world, a trial had been scheduled for April 2027 after the Supreme Court unanimously allowed the case to continue.
Corporate lobbying in the shadows
Smith described the passing of the bill as “deeply concerning”, particularly as it coincided with the Supreme Court hearing another of his climate lawsuits. In that case, Smith v Attorney-General, he argues that the government’s response to climate change and its impacts on Māori communities in particular breaches rights to life and culture.
“That timing raises profound questions about the separation of powers and the rule of law,” said Smith. “Whatever one’s view of the merits of these cases, it is deeply troubling when parliament intervenes to remove a legal pathway while the courts are actively considering fundamental questions about climate responsibility, rights and the crown’s obligations.”
The bill – which says that no person (including the government) can be found liable in tort for emissions-related climate change effects – followed major lobbying efforts by the companies defending themselves in Smith’s lawsuit. They outlined a proposed legal amendment in a briefing note to the government in 2024.
The centre-right government has been fiercely criticised over its lack of transparency in relation to this lobbying activity. The national ombudsman recently found that the Prime Minister’s Office effectively withheld information requested by the Environmental Law Initiative about meetings, discussions and conversations regarding Smith’s case.
Green groups fail to stop bill
The bill sparked huge concern among environmental campaigners in New Zealand and elsewhere. Greenpeace Aotearoa called it a “shocking abuse of executive power” and the vast majority of submissions to a parliamentary inquiry said it should be rejected.
But in the end, it was adopted with little resistance, moving relatively smoothly through parliament, passing its third reading by 67 votes to 53. Sam Bookman, climate law lecturer at Melbourne Law School, told Climate Home News he was not surprised by this, given that the coalition government has a secure majority.
A complaint has been made to the UN special rapporteur on climate change and human rights by Smith, the National Iwi Chairs Forum Pou Tikanga and youth coalition Climate Clinic Aotearoa over what they see as the government’s heavy-handed approach. Smith is also challenging the new law in yet another lawsuit.
“Pathetic”: New Zealand plans to barely cut emissions between 2030 and 2035
Bookman thinks it “very unlikely” that such a challenge will succeed, noting that New Zealand’s constitution is firmly anchored in parliamentary sovereignty.
But the expert in climate law does not see the bill as the end of legal action in the country, noting that New Zealand has a “sophisticated climate litigation landscape with a growing number of specialist and experienced lawyers and NGOs”.
The country is also approaching its next general election in November, and some opposition parties have pledged to restore access to the courts if elected.
Amanda Larsson, global project lead on agriculture for Greenpeace International, said: “This law deserves to be tested, and I strongly encourage the international climate litigation community to unite and help defend New Zealanders’ fundamental right to hold polluters accountable before this becomes a global blueprint.”
Copycat legislation on the rise
New Zealand’s move is part of a small but growing legislative effort to shut down climate litigation around the world.
In the US, Republican politicians introduced legislation in the House and Senate in April that would shield fossil fuel firms from climate liability lawsuits. Similar laws have already been passed at state level in Tennessee, Utah, Iowa and Louisiana.
The German state of Bavaria has put forward a similar proposal to the Federal Council, aiming to block private climate claims as well as the recognition and enforcement of foreign judgments imposing such liability. There are also proposals to limit available remedies and actions in the Netherlands and Belgium.
UN General Assembly backs “climate obligations” set by world’s top court
Bookman said he expects more efforts to counter climate damages litigation and advised plaintiffs to think about how to respond, including drawing on broader support in opposing them.
“Even though it’s very hard for plaintiffs to win these types of cases, companies are very eager to avoid the expense, embarrassment and political accountability that come even with unsuccessful lawsuits,” he said.
The post New Zealand moves to protect business with law curtailing climate litigation appeared first on Climate Home News.
New Zealand moves to protect business with law curtailing climate litigation
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