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Article

Disciplines

International Law

Abstract

In 2018, the European Union classified wood as a renewable energy and lowcarbon biomass fuel source in its most recent amendment to the Renewable Energy Directive (RED II). While well-intentioned, RED II essentially created an incentive for member states to clear cut forests for fuel while still meeting their renewable energy targets. In March 2019, plaintiffs from six different countries, backed by the Center for Climate Integrity, filed suit challenging the classification of forest biomass as an acceptable renewable fuel source. Grounded in Articles 32 and 57 of the EU Charter on Fundamental Rights, plaintiffs contended this amendment violates their fundamental rights and freedoms. The European General Court denied standing to the six plaintiffs in May 2020 and plaintiffs appealed two months later. We wait for a decision on appeal. But, if individual governments regulate incentives and subsidies for wind and solar energy, while taxing and imposing fees on wood harvest, the effects of RED II potentially could be curtailed without litigation.

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