NGOs are stepping up their fight against Brussels’ decision to label nuclear energy and natural gas as sustainable investments.
Eight Greenpeace organizations on Tuesday plan to file a lawsuit at the Court of Justice of the EU against the European Commission over its decision to label nuclear and gas as sustainable in its so-called taxonomy, which aims to channel investor cash into the green transition.
Legal charity ClientEarth, the WWF European Policy Office, Friends of the Earth Germany and Transport & Environment will file a similar lawsuit related to natural gas only.
“By including gas and nuclear into the taxonomy, it has become the contrary of what it was meant to be,” said Nina Treu, director of Greenpeace Germany, which is among the Greenpeace organizations taking the EU executive to court. “Instead of hindering greenwashing, it has now become a tool for greenwashing.”
The Commission’s complementary delegated act on nuclear and gas — which sparked strong backlash from investors, green groups and some member countries — came into force on January 1.
The two lawsuits come after the EU executive in February rejected requests from both groups of NGOs to review why the technologies made the list. The NGOs are now asking the court to annul the Commission’s refusal to review the inclusion of the technologies.
They argue the Commission failed to follow scientific evidence when it outlined its assessment criteria for the list — a claim the Commission rejects.
According to the taxonomy regulation, an activity can only qualify as sustainable if the criteria are science-based, said Anaïs Berthier, head of ClientEarth’s Brussels office. “That is not the case. Quite on the contrary, the science shows that fossil gas-based activities contribute significantly to climate change,” she said.
Berthier argued that giving gas a green label is also incompatible with the EU’s Climate Law, which requires the Commission to ensure that each new legislative proposal “is consistent with the EU’s climate targets.”
If the claimants are successful, the NGOs’ requests to review the inclusion of nuclear and gas would be sent back to the Commission. The court is not expected to comment on whether the activities are sustainable or not.
Berthier said she expects a hearing to take place next year, with a court ruling “possibly” in 2025. In the meantime, the current version of the taxonomy will remain in force.
The Austrian government also filed a lawsuit against the Commission in October, seeking a full annulment of the delegated act.
The EU executive also faces lawsuits from NGOs relating to its decision to label bioenergy, bioplastics and the use of biomass for energy as sustainable investments.
The Commission said it “would not comment on the substance of the case, before EU Court judgments are delivered,” a Commission spokesperson said.
