Japan faces lawsuit over ‘unconstitutional’ failure on climate action

Hundreds of people across Japan are set to sue the central government on Thursday, seeking damages over.

What they call “unconstitutional” inaction on climate change, in what is being described as the country’s first lawsuit of its kind. The landmark case accuses the government of pursuing “grossly inadequate” climate policies that endanger the health, livelihoods and fundamental rights of the roughly 450 plaintiffs.

Construction worker Kiichi Akiyama said rising temperatures have already had a severe impact on his work. Speaking to AFP, the 57-year-old said extreme heat has forced his team to slow down drastically, resulting in “huge losses” for his business.

“There have been cases where people collapse out in the field, or even die after returning home,” Akiyama said, adding that outdoor work has become increasingly dangerous. “I can barely dig with a shovel for 10 minutes without needing to sit down and rest.”

Japan has seen five climate-related lawsuits in the past, including cases targeting coal-fired power plants, according to Kyoto University assistant professor Masako Ichihara, who tracks climate litigation in the country. However, she and lawyers involved in the case say this is the first time citizens have directly sought compensation from the state over climate change.

“The defendant’s climate change measures are grossly inadequate, and as a result, the plaintiffs’ rights to a peaceful life and to the enjoyment of a stable climate are being violated,” the complaint summary, obtained by AFP ahead of the filing, states.

Japan endured its hottest summer on record this year, with temperatures surpassing all previous highs since records began in 1898. The plaintiffs argue that intensifying heatwaves are already causing economic damage, destroying crops and exposing large sections of the population to the risk of severe heatstroke.

Akiyama said projects that once took days now take nearly three times as long to complete. “We wouldn’t be in this terrible situation if the government had taken more initiative in implementing policies,” he said.

Similar lawsuits have emerged globally. In South Korea, young climate activists won Asia’s first constitutional climate ruling last year, when a court found much of the country’s climate framework unconstitutional. Germany’s top court reached a similar conclusion in 2021, ruling that the government’s climate targets were insufficient.

The Japanese lawsuit seeks symbolic damages of 1,000 yen (about $6.50) per plaintiff. Lead lawyer Akihiro Shima said the modest amount reflects the plaintiffs’ focus on accountability rather than financial compensation.

“This case is about clarifying the state’s responsibility,” Shima said.

Ichihara noted that the lawsuit is more ambitious than previous climate cases in Japan because it directly challenges the state’s role in addressing global warming. While she said the chances of a legal victory were slim, the case could still succeed in raising public awareness due to its “very relatable” framing.

Another plaintiff, identified only by her surname Saito, said concerns about her six-year-old son motivated her to join the lawsuit. She said extreme heat has increasingly deprived children of outdoor play, with public pools sometimes closed due to heatstroke warnings.

“Playing outside in summer is becoming difficult,” Saito told AFP. “The playground equipment gets burning hot, and that really scares me.”

The lawsuit also challenges Japan’s current emissions targets, arguing they are incompatible with the Paris Agreement’s goal of limiting global warming to 1.5 degrees Celsius above pre-industrial levels.

Japan has pledged to cut greenhouse gas emissions by 60 percent by 2035 and 73 percent by 2040 compared with 2013 levels. However, the complaint argues these targets “fall significantly short” of reductions recommended by the UN Intergovernmental Panel on Climate Change (IPCC) and lack legal force.

“This legislative omission is unmistakably unconstitutional,” the complaint summary states.