The petitioner asserts that the IEPMP violates sections of the Environment Conservation Act and the spirit of Article 18A of the Bangladesh Constitution
In a landmark legal development, Bangladesh has become the first South Asian country to challenge the Integrated Energy and Power Master Plan (IEPMP) 2023 in the Supreme Court.
It marks a historic step towards climate justice.
he writ petition was led by Lawyers for Energy Environment and Development Limited (LEED) by its Counsel, Barrister Abdullah Mahmood Hasan, Advocate Abdullah Al Noman, Advocate Monera Haque Mone, and Advocate Shimon Raihan.
LEED is a social enterprise advocating for energy security and environmental protection. It aims to confront the government’s continued reliance on fossil fuels and its failure to prioritise climate change and human rights.
In the initial hearing, a High Court bench of Madam Justice Fahmida Quader and Justice Mubina Asaf issued a rule calling on respondents to show cause “as to why the Integrated Energy and Power Master Plan (IEPMP) 2023 should not be reconsidered taking account from representation of Ministry of Environment, Forest and Climate Change, and why the respondents should not be directed to consider and implement the Climate Prosperity Plan (CPP) 2022-2041 approved by the government in light of various International Treaties entered into by Bangladesh in the capacity of State”.
This legal battle aims to ensure Bangladesh upholds its constitutional commitment to a healthy environment and its international obligations under climate agreements like the Paris Agreement and the UN’s Sustainable Development Goals (SDGs).
This case mirrors the pioneering climate lawsuits filed by citizens worldwide, including a recent action taken by children in South Korea against their government’s climate policies. It stands as a monumental step towards climate justice in South Asia and sets a vital legal precedent for holding governments accountable for their climate inaction.
Regarding this, Hasan Mehedi, chief executive of the Coastal Livelihood and Environmental Action Network (CLEAN), informed the lawyers that the IEPMP 2023, which heavily relies on fossil fuels such as coal and LNG (30.7%), along with advanced technologies like liquid hydrogen and ammonia (32.8%) by 2050, directly contradicts Bangladesh’s Climate Prosperity Plan (CPP), which envisions 100% renewable energy by the same year.
The petitioner asserts that the IEPMP violates sections of the Environment Conservation Act and the spirit of Article 18A of the Bangladesh Constitution, which emphasises the right to a healthy environment for current and future citizens.
The IEPMP continues its reliance on fossil fuels, which threatens both environmental sustainability and the health of future generations, as fossil fuel emissions are a primary driver of climate change, contributing to extreme weather events such as floods, cyclones, and droughts challenges to which Bangladesh is particularly vulnerable.
Concerns are raised regarding the IEPMP’s reliance on unproven technologies like hydrogen and ammonia co-firing, questioning its economic feasibility. Reports also indicate a lack of transparency in its formulation, including undisclosed budgets and the exclusion of Bangladeshi experts. The IEPMP’s approach is at odds with international agreements like the Paris Agreement and the Climate Vulnerable Forum Vision, which aim to enhance climate resilience and sustainable economic growth.
In contrast, the MCPP advocates for renewable energy and environmental protection, aligning more closely with legal and constitutional principles. It emphasizes inclusive participation from various sectors, including grassroots producers of renewable energy, and prioritizes international cooperation and financial commitments for renewable projects.
While the Japan International Cooperation Agency (JICA) has funded various energy projects in Bangladesh, its financing of fossil fuel initiatives, such as coal power plants, raises concerns about compliance with global climate commitments. The MCPP seeks to attract international support for renewable energy projects, advocating for a shift away from fossil fuel dependency, thus, demonstrating a commitment to global climate action.
Controversies in the IEPMP
A study unveiled in early October said the IEPMP is failing to accelerate the renewable energy transition and enhance national energy security.
it puts the country at the risk of imported fossil fuel lock-in and a disorderly energy transition relying on unproven technologies, such as carbon capture and storage (CCS) and ammonia, raising more questions than addressing concerns, the research added.
In late November 2023, the Power Ministry unveiled the IEPMP. Its goal was ambitious: a sweeping, long-term roadmap designed to guide Bangladesh’s energy future, all the while nodding to the global push towards decarbonisation.
However, given that previous master plans have often been ignored or poorly implemented by former governments, there’s scepticism about whether the 2050 ambitious goals can truly be achieved.