On February 18, the second oral argument for the Youth Climate Case Japan for Tomorrow (often referred to as the “Youth Climate Case for Japan”) was held at the Nagoya District Court, where two plaintiffs and their legal team presented their opinions.
In this lawsuit, filed in August 2024, 16 young plaintiffs living in various parts of Japan are demanding that 10 major Japanese thermal power companies reduce their CO2 emissions to at least the levels indicated in the IPCC AR6 Synthesis Report (48% reduction in CO2 emissions by 2030 and 65% by 2035, compared to 2019 levels).
People totalling double the maximum capacity came to watch the trial, and so many people came to attend the post-trial debriefing session that the venue could not accommodate them all. Two of the plaintiffs made statements in court and also spoke at the debriefing session. Following are some excerpts.
Plaintiff: Yohei Takada
Local temperature recorded at above 35°C for 62 days in one year
Climate change has clearly progressed from when I was in elementary school. The defendants state that we do not know what the future holds, but climate change is not about the future; it is a problem that is already occurring. My hometown, Dazaifu City in Fukuoka Prefecture, recorded the most days with extreme heat in all of Japan last year. We experienced a total of 62 days – two months of the year – with temperatures of 35°C or higher. At the local elementary school, it is now too hot for children to play outside. I counted the number of days with extreme heat recorded when I was in elementary school: there were often less than 10 days in a year, and never more than 20 days. Now that number is 62 days, more than three times as many, and it is no longer possible to enjoy sports and recreational activities during summer vacation.
Once disasters happen, they are irreversible
In addition to extreme heat, torrential rains can also cause significant damage. Asakura City in southern Fukuoka Prefecture experienced severe damage from a mudslide eight years ago. When I visited there as a disaster volunteer two years ago, I saw firsthand that restoration had not progressed. Since it has not been covered by the media, one might think that the area has already been restored, but I directly felt that once this damage happens, it is irreversible.
The ten defendant companies emit nearly as much as the 18th highest-emitting country in the world
We also discussed the responsibility of the ten defendant companies. The defendants say that they are not responsible because their own emissions are negligible. However, the defendants alone account for 30% of Japan’s energy-derived CO2 emissions, which, if viewed as a separate nation, would be the 18th largest amount of CO2 emissions out of 200 countries in the world, just under the United Kingdom. This is more than the emissions of the entire country of Italy, and the defendants account for 0.9% of the world’s total emissions. If the defendants feel that they don’t have to do anything about it, does that mean that the approximately 180 countries that emit less than them also don’t have to do anything? That cannot be true.
Phasing out thermal power plants
Given the severity of the current situation, it would not be surprising to demand that thermal power plants be shut down now. However, we are asking that at a minimum, there be a phased reduction to meet the necessary targets. This was my first experience attending a trial, and it was unfortunate that the defendants only attended online, so that I could not see their faces. So many people showed up today for the hearing and debriefing, and so I don’t think our case can be ignored. We will continue to speak up.
Plaintiff: Kodama Kadoya
Climate change and its damage are occurring now
I emphasized that climate change is not a future problem, but is actually happening now. I live in Hokkaido, where snow is a part of our lives, and I see firsthand that the snow is changing. I live in the Tokachi region, where snowfall is very rare, but I experienced more snow this past February than at any point in my life. It snowed so much that it took me two days to get my car out of the house. The news reported that it was the largest snowfall in recorded history, but the cause was climate change, with rising sea water temperatures and an abnormal low-pressure system causing the heavy snowfall. The damage caused by climate change is happening right now. Other areas of Hokkaido have seen the quality of snow change, with powder snow disappearing, and in the nearby national park, the alpine plants and animals such as the Ezo pika, which are said to be survivors from the Ice Age, are disappearing.
We want the defendants to take responsibility for the future of the people
It has been 40 years since climate change was recognized as a crisis, yet nothing has been done. During that time, it may have seemed that there was still plenty of time left with no need to act. But now, the tipping point is finally in sight, and the message that we must act now is not merely a catchphrase to inspire action: it is now a fact. So we, including the defendants, must act now. We want you to want to act together, to take responsibility for people’s lives, and for the future of those who have yet to be born. (This was all said based on the assumption that the defendants might have a conscience as well.)
I don’t want to have to answer my children asking, “Why didn’t you do anything back then?”
Finally, when thinking about my own future, I talked about how I don’t want my future children to have to ask why we didn’t do anything back then. I also spoke about the anxiety about the climate crisis that I feel every day.
The defendants seek dismissal of the plaintiffs’ lawsuit
At the first hearing of the Youth Climate Case held on October 24, the 10 defendant companies argued that “the claim is for emission reductions in the future, 2030 and 2035, but future science, international agreements, and domestic measures can change, and according to the Supreme Court decision in the Osaka International Airport lawsuit, it is not permissible to make future claims at this time. According to the Supreme Court decision in the Osaka International Airport lawsuit, it is not permissible to make future claims at this point in time”. (This is known as a “pre-merit defense”.)
The defendants must essentially state whether the facts pointed out by the plaintiff are correct, incorrect, or unknowable, and if they are incorrect, point out the error (admitting or denying the “merits” and answering the question). However, at the first hearing, the defendants did not mention this, so the presiding judge requested them to answer. At the second hearing, the defendants submitted a response to this, but according to the plaintiff’s legal team, it was extremely vague.
At the briefing, Torai Handa, representing the plaintiffs’ legal team, stated, “As some of the largest emitters in Japan, the defendants‘ argument for dismissing the lawsuit is completely unacceptable, as they seek to avoid discussion of the content of the ‘merits’, which is the entire premise for the lawsuit.”
Attorney Mie Asaoka added, “The defendants’ arguments are based on the expectation that the responsibility for the emission reductions required by the IPCC and the international community in order to achieve the 1.5℃ target will change in the defendants’ favor by 2030 or 2035 (i.e., their responsibility will be reduced). This is a reflection of their lack of recognition of the need to limit global warming to 1.5℃, and this attitude by the defendants’ is precisely the reason why this lawsuit was necessary.”
Next oral arguments scheduled for May 22
The next date for the third oral argument is scheduled for Thursday, May 22, 2025, at 2:00 p.m. More information about the Youth Climate Case, including trial dates and debriefing sessions, can be found on the official website at https://youth4cj.jp/.
As the plaintiffs have argued, the climate crisis is already happening and we must act now to stop it. We hope that the voices of the young plaintiffs will help raise awareness of the importance of taking measures against the climate crisis, and that this will lead to the defendant companies taking concrete and meaningful measures to combat climate change.