In a landmark intervention, in 2010, the Federated States of Micronesia (FSM) requested a transboundary environmental impact assessment (EIA) of the Prunéřov II brown coal-fired power plant in the Czech Republic. FSM asserted its right to be heard as a sovereign state because the plant’s greenhouse gas emissions may contribute to climate change impacts. We provided FSM with legal support throughout the legal proceedings in the Czech Republic.
It was the first ever ‘transregional’ use of a Transboundary Environmental Impact Assessment, meaning that the FSM are not located in geographical proximity to the Czech Republic. FSM’s involvement in the EIA process for the Prunéřov II Power Plant is a unique example under international law.
After a lengthy process, the Czech Ministry of Environment issued an affirmative EIA decision for the project. Although FSM concerns were officially rejected in the final decision, an assessment of the climate impacts was carried out. The plant developer is also obligated to reduce the CO2 emissions of its other projects by over five million tons over the next 25 years. The concept was presented at a conference organized by the Columbia School of Law in New York, which discussed the legal consequences of climate change and rising seas for island nations.
The "LIFE-Legal Actions - Right to Clean Air" (LIFE15 GIE/DE/795) project ended in November 2019. The Layman's Report, written for a general audience, summarizes the work and results of the project as well as its long-term environmental Benefits.
The report is available here.
The European Union's LIFE Programme is a funding instrument that supports environmental and climate protection Projects.
In December Frank Bold team co-organised a meeting of NGOs and representatives of the Member States of the European Union. The all-day meeting in Brussels was prepared in cooperation with our colleagues from European Environmental Bureau and Client Earth.