European Union sued for failing to tackle methane emissions linked to the production of imported gas
First-of-kind legal action claims urgent methane reductions needed to protect human rights from irreversible climate impacts
16 October — The Global Legal Action Network (GLAN) has filed a case with the Court of Justice of the European Union challenging the EU’s failure to limit gas imports linked to significant, dangerous methane emissions. The case is the first in Europe to focus on the human rights obligations of States in relation to methane emissions, which scientists say need to be reduced rapidly to limit global warming to 1.5°C.
Methane is a greenhouse gas which has caused about 30% of global warming and is 84 times more powerful than CO2 over a 20-year period. Fast, sustained reductions in methane emissions are absolutely critical to avoid the worst impacts of climate change. It is possible to reduce methane at little cost through simple solutions like preventing gas leakage, but in 2023, methane emissions from the energy sector remained near a record high. Today’s filing targets a mechanism called AggregateEU which was established to stabilise gas prices following Russia’s invasion of Ukraine by matching bids for the purchase and supply of gas. The basis for the legal challenge is the absence of any limits on methane emissions associated with the production of gas sold through AggregateEU.
The case relies on a landmark ruling of the European Court of Human Rights which held in April that States’ human rights obligations to mitigate climate change extend to limiting “consumption” emissions, which are released in the production of goods that States import.
Gerry Liston, Senior Lawyer with the Global Legal Action Network (GLAN) said: “This year, the European Court of Human Rights held that States must take urgent action to prevent irreversible and catastrophic impacts of the climate crisis. The science is clear that this can only be achieved by steeply cutting methane emissions this decade. Instead, the EU is promoting imports of gas to Europe without any limits on methane emissions linked to its production. This is a clearcut violation of the EU’s human rights obligations.”
There are significant emissions associated with the production of oil and gas in many countries, such as Azerbaijan and Egypt, with which the EU has entered into agreements to increase the supply of gas, including as a result of the deadly practice of flaring. A paper released earlier this month found that, because of methane emissions, liquefied natural gas (LNG) imports from the US are more emissions-intensive than coal.
The EU has led global commitments to mitigate methane, including launching the Global Methane Pledge in 2021, which now has seen over 150 countries commit to tackling emissions 30% by 2030. In May 2024, the EU adopted its Methane Regulation, which sets limits on imports of fossil fuels with high “methane intensity,” or high levels of methane emissions associated with their production and supply. However, these limits only take effect from 2030.
“Up to 90% of methane emissions associated with fossil fuels consumed in the EU occur before they reach EU borders. The EU is liable for these emissions,” said Kim O’Dowd, Climate Campaigner, Environmental Investigation Agency (EIA). “Rather than adopting effective mitigation measures across the supply chain, policymakers have opted for an undefined, untested methane intensity standard to be enforced by 2030—a deadline that’s too late and, based on past experience, likely ineffective. If the EU Commission is serious about its climate responsibilities, it must strengthen its approach to fossil fuel imports methane mitigation.”
If successful, the case will establish a binding legal obligation on the EU to take immediate action to limit imports of fossil fuels with a high methane intensity. See the case page to get updates.
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