Way to go France.
The French state has been legally ordered to make up for its inadequate climate action. In 2015, the government committed to national reduction targets of GHG emissions, in line with the Paris Agreement to keep global warming below 2°C. Between 2015–2018, France emitted 62m tonnes of CO₂ equivalent beyond the agreed target.
In response to overshooting this target, a petition signed by 2.3 million citizens led to the French government being taken to court by four NGOs in 2019, in what was called “the Case of the Century”. On Thursday 14th October 2021, just ahead of COP26, the court finalised the ruling that France must honour its climate and environmental action commitments and make up for the overshot emissions, while also keeping to the existing reduction actions. As emissions decreased due to Covid-19, the court has concluded that France must compensate for 15m tonnes of CO2-equivalent emitted beyond the 2015–2018 target.
Taking the judicial route to push for governmental climate action has only occurred in a handful of places (e.g. Germany and the Netherlands). An inspiring approach to hold governments accountable, we track the key events, policy decisions and emissions data to offer a timeline to contextualise what lead to this point.
Expanded Timeline of Events
May 2017 — Emmanuel Macron becomes president and appoints Nicolas Hulot as Environment Minister
Emmanuel Macron offers Nicolas Hulot, a famous environmental activist and TV presenter, to be environment minister. Hulot accepts, having rejected the same offer from the three previous presidents.
July 2017 — Court orders France to reduce air pollution
The Conseil d’Etat orders the government to do everything in its power to lower the air pollution in line with the European legal limits.
August 2018 — Hulot resigns, denouncing the government for inadequate environmental action
Hulot resigns on live radio. He describes the environmental progress made as “small steps”. NGOs will reuse this expression, like in 2021, when they temporarily renamed the ministry as the “Ministry of Small Steps”.
November 2018 — Macron creates an independent environmental council
The High Council on Climate is an independent entity led by scientists. It is in charge of advising and recommending policies to reach France’s climate goals.
November 2018 — Nationwide “Yellow Vests” protests begin
Due to new economic measures deemed unfair, the price rise of fuel, and a planned increase of the carbon tax, a grassroots movement called Yellow Vests start nationwide protests.
December 2018 — The government halts a key policy aimed at cutting France’s emissions
Faced with the Yellow Vests protests, the government halts the carbon tax increase that was part of his National Low-Carbon Strategy to reach its target emissions reduction.
December 2018 — Record-breaking petition condemns the government for climate inaction
Four NGOs write an open letter to the government asking for more climate action or else they will sue it. They launch an online petition gathering a record 2.3 million signatures.
February 2019 — The government lists its environmental actions
The government answers the NGOs’ open letter by listing the environmental measures it has taken. It condemns the use of courts to push for more action.
March 2019 — NGOs launch the “Case of the Century” against the state
The NGOs officially sue the government at the Tribunal Administratif de Paris for climate inaction. This is the beginning of the “Case of the Century”.
October 2019 — Macron creates a climate citizens assembly
150 citizens are randomly selected to form the citizen’s assembly, Citizens Convention for Climate. It will propose measures to reduce France’s GHG emissions by 40% in 2030 compared to 1990. The High Council on Climate will partly teach the assembly. Macron promises the measures will be sent directly to the parliament for debate or subject to a national referendum.
January 2020 — France improve long-term climate ambition but lower short-term objectives
The government updates its National Low-Carbon Strategy to account for carbon neutrality by 2050. While reducing France’s overall carbon budget, it increases the budget for the 2019–2023 period.
June 2020 — The citizen assembly publish the measures needed to achieve the 2050 goal
The citizen assembly lists 149 actions that will bring France in line with its target reduction. These include a ban on ads for high-carbon products and services and a flight ban when a 4-hour rail alternative exists.
July 2020 — The state is convicted for its inaction on air pollution
Despite the previous 2017 court decision, the government fails to address air pollution, and the Conseil d’Etat decides that France will be fined 10 million euros per semester if it fails to act before 2022.
September 2020 — Macron lowers the citizen assembly’s impact by rejecting a fourth measure
Macron rejects a fourth measure from the citizen assembly by confirming the launch of 5G, without prior study on the impact. He likens 5G opponents as Amish people living with oil lamps. Friends of the Earth temporarily renames itself as “Friends of the Amish” on social media.
February 2021–2019 emission target is met because of lowered ambitions
The president and government congratulate themselves on reducing emissions beyond the 2019 target. NGOs denounce this as a lie, pointing out that France lowered its ambitions for 2019–2023 in early 2020. France wouldn’t have met the original target had it not changed its carbon allowance.
February 2021 — The state is convicted for climate inaction in the “Case of the Century”
The Tribunal Administratif de Paris convicts the state in the Case of the Century. It agrees that the government didn’t respect its own GHG emissions reduction, specifically for the 2015 to 2018 period.
July 2021 — The EU updates target reductions from -40% to -55% by 2030
The EU unveils its Green New Deal which updates the target GHG emissions reduction from -40% to -55% by 2030, compared to 1990. This change means the citizen assembly measures would be insufficient to bring France in line with the new goal, even if the government would adopt all of them.
August 2021 — The government adopts a new, disputed Climate and Resilience Law
The government assumes the law, which it claims is the work of the citizen assembly. The High Council on Climate and the citizen assembly are critical of the law, stating it is not ambitious enough to reduce emissions by 40%, let alone 55%.
October 2021 — Court orders French government to make up for overused emissions by end of 2022
The Tribunal Administratif de Paris condemns France for its climate inaction in the Case of the Century. It gives the government until the end of 2022 to compensate for the exceeded emissions (15 Mt CO₂ eq).
November 2021 — Considered the ”last best hope for the world”, the UN climate change conference COP26 opens
As global emissions continue to rise, this year’s UN climate change conference, COP26, has been considered the “last best hope for the world.”
Although steps were taken by the French government to reduce emissions, they were far from enough to meet the urgency and magnitude needed from the fourth largest carbon polluter in the European Union. This is a common trend, with some of the highest emitting countries criticised for slow and inadequate climate action. As COP26 comes to a close, concerns are raised once again that negotiation outcomes will not be nearly ambitious enough to keep to 2°C, let alone 1.5°C. Disconcerting? Yes. But we are not void of hope. The optimist would say the government will inevitably do more as the people, the courts and an overwhelming focus from organisations across the world will demand more. At Vizzuality we’re continuously striving for this action, aware we are not perfect but working hard every day to be and do better. Every organisation has a role to play. There is no space for sustainability to be an afterthought or a marketing tool. The climate crisis is already here.
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