Latest News In Climate Law: The Appeal Concerning The Sufficiency Of The State's Climate Actions Ruled Inadmissible By The SAC

• Published date: 20 June 2023
• Subject Matter: Environment, Government, Public Sector, Environmental Law, Constitutional & Administrative Law, Climate Change
• Law Firm: Castren & Snellman Attorneys
• Author: Iikka V'n'nen

BACKGROUND

Finland's new Climate Act entered into force in July 2022. Amendments to the Act were approved in December 2022, and on 1 January 2023 the Climate Act was amended with provisions that concern appealing decisions made thereunder.

On 28 November 2022, before the amendments entered into force, the Finnish Association for Nature Conservation and Greenpeace Norden filed an appeal to the Supreme Administrative Court, requesting that the Finnish Government's decision on the Annual Climate Report 2022 be revoked and sent back to preparation. This was the first time the sufficiency of the state's climate actions was challenged in court in Finland. According to the NGOs, the Government had failed in its duty to take the necessary additional actions in terms of carbon sinks to ensure the realisation of the targets set out in the Climate Act.

SUPREME ADMINISTRATIVE COURT RULED THE APPEAL INADMISSIBLE

Under its decision of 7 June 2023, the Supreme Administrative Court (SAC) dismissed the NGOs' appeal.

The SAC examined the admissibility of the appeal very broadly, referring for example to the Finnish constitution. While the SAC ended up ruling the appeal inadmissible, it stated, among other things, that assessing the legality of the Government's decision-making as intended by the appellants could be examined by the court in such a case...