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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
Hottest month in history
RECORD HEAT: July 2024 was China’s “hottest month in observed modern history” (since records began in 1961), in a record coinciding with the world experiencing its hottest day on 22 July, Reuters reported. Every province across the country saw average temperatures for July rise year-on-year, with Guizhou, Yunnan, Hunan, Jiangxi and Zhejiang ranking highest, it said, adding that the record were unusual because “the El Nino climate pattern…ended in April, but temperatures have not abated”. State broadcaster CCTV said on 4 August that several provinces had experienced temperatures between 40-43.9C, warning residents to “reduce” time spent outdoors. Reuters also said that rising temperatures “sharply pushed up demand for power to cool homes and offices” and “stoked fears of damage to rice crops”, adding that the city of Hangzhou “banned all non-essential outdoor lighting and light shows this week to conserve energy”.
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RECORD FLOODS: According to the state-supporting Global Times, China has “experienced 25 numbered flood events” this year, the highest number since records began in 1998. The newspaper said that, according to Ma Jun, director of the Beijing-based Institute of Public and Environmental Affairs, “[due to] global climate change, extreme weather events are increasing, which increases the difficulty of forecasting [rainfall and floods]”. Another CCTV report cited the China Meteorological Administration saying that the country experienced two typhoons and recorded “13.3% higher than average” rainfall in July. Typhoon Gaemi killed 30 people and left 35 missing in Zixing, Hunan province, Reuters said. State news agency Xinhua stated that the typhoon also caused “damage” in the coastal provinces of Fujian and Liaoning, affecting 766,900 and 60,000 residents, respectively. Xinhua reported the Chinese government called for “proactive” flood control and for “disaster relief funds [to] be allocated promptly”. The state-sponsored outlet China News said the Ministry of Water Resources issued 649m yuan ($90m) to support “flood relief” in 14 affected provinces.
New renewable energy targets and ‘green electricity’ trading policy
NEW RENEWABLE TARGETS: Regulators published provincial targets for 2024-25 under China’s renewable portfolio standards (RPS) on 2 August, reported China Power. The targets, for the renewable share of electricity supply, increased by more than 3 percentage points year-on-year in most provinces, according to analysis published by financial outlet Yicai, “compared with a 1 to 2 points jump in previous years”.
NEW ALUMINIUM TARGETS: In order to help meet the targets, regulators also issued renewable-energy goals for the aluminium industry in each province for the first time, China Power said. Reuters reported that Shandong, China’s biggest aluminium producer, is “set a target for renewables to account for 21% of the energy used to produce the metal”. The targets in Inner Mongolia and Yunnan province, which are also major aluminium producers, are set at 29% and 70%, respectively, added the newswire. China Power said that the “green electricity consumption” in the aluminium industry will be “calculated based on ‘green electricity certificates’ (GECs)” – a scheme that allows electricity generated by non-fossil fuels to be traded between producers and buyers. (See Carbon Brief’s China Briefing of 24 August 2023 for background on China’s GECs.)
‘GREEN ELECTRICITY’ TRADING: While announcing this year’s targets, the government also issued new rules for trading “green electricity” for the “medium to long term”, BJX News reported. The document says the trade via GECs should not be subject to price limits or set prices and, instead, work as a market-based system, unless “clearly stipulated by the state”. Trading should take place “mainly within provinces” with strong wind and solar resources, and can “gradually expand to other qualified renewable energy sources” when “conditions are ripe”, added the outlet.
CARBON MARKET INCLUSION: Despite an announcement in 2023 that GECs may be included in the carbon market in the future, China Power Enterprise Management magazine said that, currently, the GECs “have almost no impact on the national carbon market”, because GECs “is limited to low indirect emissions from electricity”. If energy-intensive industries are included in the carbon market, GECs can cover around 19% of carbon emissions in China, added the magazine.
No mention of reform in new power system plan
UPGRADING THE SYSTEM: BJX News reported that China has issued a plan to upgrade its power system to “promote the construction of a new type of power system” between now and 2027. The outlet said the new system should be “safe, stable, cost-effective, flexible” and support the addition of more “clean and low-carbon” resources. A “key effect” of the plan, according to the National Energy Administration, is to improve the transmission of renewable energy from the remote desert bases to cities “at a large scale”, added the outlet.
‘NEW-GENERATION’ OF COAL: Another BJX News article stated that the plan also proposes to “carry out experimental demonstrations of new-generation coal power” and explore a development path for coal “that is compatible with the development of a ‘new type’ power system”. Economic news outlet Jiemian also noted that the call to guarantee stable power supply “ranked at the top of the nine special actions outlined by the action plan”. (A new report by Ember, covered by Carbon Brief, stated that increasing investments in low-carbon energy by state-owned enterprises is pushing coal into “decline”.)
REFORM OMITTED: Reuters quoted Xuewan Chen, energy transition analyst at LSEG, saying the plan “focuses on building a more flexible power grid to better manage the [energy] transition”, but that the document did not mention “power market reform and the creation of a competitive power market to more effectively allocate resources”.
Solar industry woes continue
‘UPHEAVAL’: China’s domestic solar industry is in “upheaval” with wholesale prices falling by another 25% so far this year, after falling by almost half in 2023, the New York Times reported. It quoted Frank Haugwitz, a solar industry consultant, saying efforts by the Chinese government to rein in the industry’s expansion have been “too small to reduce China’s overcapacity”. Bloomberg said that an increasing number of Chinese solar manufacturers “are falling into restructuring or bankruptcy”, adding that “while bigger players like Longi have so far survived billions of yuan in losses by imposing production halts and layoffs, smaller companies have fewer ways to plug financial gaps”.
‘SEVERE OVERCAPACITY’: In a meeting of China’s Politburo at the end of July, state-run newspaper China Daily said, president Xi Jinping called for “strengthening industry self-regulation and preventing ‘involutional’ vicious competition”, adding that China should “strengthen the market mechanisms” to help with “inefficient production capacity”. The outlet did not report that any particular sectors were named during the meeting. Several days earlier, Bloomberg stated that Wang Bohua, head of the China Photovoltaic Industry Association, had called for “struggling solar manufacturers [to be pushed] to exit the market as soon as possible to reduce severe overcapacity”.
SOLAR SURGE: Elsewhere, BJX News reported that China added 134 gigawatts (GW) of new renewable capacity in the first six months of 2024, according to the National Energy Administration (NEA) – an increase of 24% year-on-year. It added that solar made up 102GW of the total. (Total US solar capacity stood at 139GW at the end of 2023.)
51.1%
The share of sales of “new energy vehicles” (NEVs) – which includes both battery electric vehicles and plug-in hybrids – in China in July, according to the China Passenger Car Association. The trade body added that NEV performance beat manufacturers’ expectations, which it attributed to a trade-in policy encouraging consumers to replace old cars.
Spotlight
China moves towards ‘dual-control of carbon’ with new work plan
China has released a plan that will set an absolute limit on its carbon dioxide (CO2) emissions for the first time, shifting to “dual control” of total CO2 emissions and carbon intensity instead of total energy use and energy intensity.
The document, outlining a timeline for China to construct this new system for carbon “dual-control”, will be a key element of the country’s strategy to meet its climate goals.
In this issue, Carbon Brief assesses the document’s implications for China’s future emissions targets.
Switching to dual-control of carbon
In 2016, Beijing established a set of targets for energy intensity – its energy consumption per unit of GDP – and total energy consumption, in a system known as the “dual-control of energy”.
Since 2021, the central government has called for replacing the “dual-control of energy” with “dual-control of carbon”, which would be comprised of targets for both carbon intensity and total carbon emissions. China has only ever set targets for CO2 intensity, not for total CO2 emissions.
This shift began taking shape on 2 August when the State Council, China’s top administrative body, released a “work plan” outlining the first concrete design of the new system.
The National Development and Reform Commission (NDRC), China’s primary economic planning body, told reporters at a press conference that the plan “establishes a clear direction” for developing renewable energy and “focusing on control of fossil-fuel energy consumption”.
Anticipating a 2030 peak?
According to the new plan, China aims to establish a “completed” statistics and accounting system for CO2 emissions by 2025. Components of this system include carbon footprint standards, a national database of greenhouse gas emission factors and other measurement and monitoring capabilities.
Between 2026 and 2030 – the period of the 15th five-year plan – China will replace current targets under “dual-control” of energy with a policy on “dual-control” of carbon that places “[carbon] intensity control as the main focus and control of the total amount [of carbon] as a supplement”.
This means that, under the new system, carbon intensity targets will remain binding and the cap on China’s total CO2 emissions will initially be a non-binding “supplement”.
In subsequent five-year plan periods, China will set a binding cap for total CO2 emissions, which will become the “key target” once China’s carbon peak is reached, with carbon intensity as a secondary target.
“The timeline here indicates policymakers still only aim to peak emissions by 2030, despite the clear likelihood that emissions will…peak much sooner,” Yao Zhe, global policy analyst for Greenpeace East Asia, said in a statement, adding that this shows China is still “underpromising”.
Li Shuo, director of the Asia Society Policy Institute’s China climate hub, told Carbon Brief that the ambiguity is intentional to allow policymakers “to further clarify when and how they want to make that switch [to an absolute cap]” after a peak is confirmed.
He added that policymakers’ “intrinsic inability” to predict the exact peaking timeline is the reason for setting two targets under the [new] dual-control system, as, once it happens, China “can just switch to the other [metric]”.
‘Rolling up its sleeves’
The shift from focusing on “dual-control of energy” to “dual-control of carbon” is a “change from process control to results-oriented management that will compel industries to adopt green technologies”, according to Qi Qin, China analyst at the Centre for Research on Energy and Clean Air.
China is falling short of its existing carbon intensity target, she said, making it important to “accelerate” its energy transition and clean energy buildout – priorities that are emphasised in the work plan.
Local governments are tasked with developing more specific targets, taking “local conditions” into account. Actions are also outlined for central government departments, industry associations and enterprises.
The central government subsequently released a related action plan to issue 70 national standards in areas including carbon footprints, CO2 emissions reduction, energy efficiency and carbon capture, utilisation and storage.
When formulating targets, the document urges policymakers to consider “economic development, energy security [and] normal production”, pointing to existing anxieties around maintaining stable access to power, which the country currently mostly relies on fossil fuels to provide.
Li told Carbon Brief:
“This is the Chinese government rolling up its sleeves and trying to make quite an important switch…Folks have been advocating for China to really reduce its emissions in absolute terms for almost two decades. This is the mechanics of how this will happen – them actually making this switch and trying to make sure this is done in the right way by, for example, disaggregating [targets] to the local level, getting the private sector involved and trying to build up the carbon accounting system from the bottom up.”
Implications for China’s NDC targets
As well as meeting domestic policy needs, the NDRC said, a dual-carbon control system is “conducive” to setting the country’s new international climate pledge (nationally determined contribution, NDC), and supports the image of China as “a responsible large country that is actively responding to global climate change”.
Yao said Greenpeace expects that China’s next NDC will include a carbon emission reduction goal for 2035.
Li told Carbon Brief that China’s international pledge will then drive domestic targets, due to “how the timeline works”. He added: “The NDC [target] for 2035 has to be communicated in 2025, [looking] 10 years into the future…The job of the five-year plans for the next two five-year periods [will then be] to align with that international pledge.”
Watch, read, listen
DRIVING FORCE: A report released today by Ember found that global wind capacity will double by 2030, with the majority of additions being installed in China.
SUPPORTING INNOVATION: Huang Kunming, governor of Guangdong province, wrote in the People’s Daily about the need to boost innovation to meet China’s development needs, including to “accelerate the green transformation of development”.
SUPPLY CHAINS: A Boston University Global Development Policy Center study found commercial ties between China and Latin American and Caribbean countries have broadened from solely minerals and agriculture to include the automotive, energy and transport sectors.
TACKLING METHANE: The California-China Climate Institute hosted a webinar on the state of agricultural methane emissions and bilateral cooperation between the US and China, building on a recently released report.
Captured

CO2 emissions in China fell by 1% in the second quarter of 2024, the first quarterly fall since the country re-opened from “zero-Covid” lockdowns, new analysis for Carbon Brief found. The reduction was driven by the surge in clean energy additions, which is pushing fossil fuel power into reverse – although the shift is being somewhat diluted by rapid energy demand growth in the coal-to-chemicals sector.
New science
The dominant warming season shifted from winter to spring in the arid region of Northwest China
npj Climate and Atmospheric Science
A new paper investigated the “seasonal asymmetry” in warming in the arid region of northwest China – which has experienced “significantly higher” warming than the global average, according to the paper. The authors used station and reanalysis data to investigate seasonal temperature changes in the region. They found that “the dominant season of temperature increase shifted from winter to spring”. The paper added that the main reason for warming in spring was a decrease in cloud cover, while a strengthening Siberian High was mainly responsible for driving winter cooling.
Carbon emissions from urban takeaway delivery in China
npj Urban Sustainability
Transport-related emissions from food deliveries in Chinese cities “surged” from 0.31m tonnes of CO2 equivalent (MtCO2e) in 2014 to 2.74MtCO2e in 2021, a new study found. The authors analysed the rise in emissions from food deliveries and explored possible policies to mitigate these emissions in the future. They estimated that by 2035, transport-related emissions from food deliveries will rise to 5.94MtCO2e. However, if motorcycles were replaced with electric bikes and traffic routes were optimised, “it is possible to mitigate such GHG emissions by 4.39-10.97MtCO2e between 2023 and 2035,” they said.
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 8 August: Record extreme weather; First quarterly CO2 fall since Covid; ‘Dual control’ of carbon emissions 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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