In 2005, CEZ Power Company (“CEZ”) announced plans to completely rebuild a lignite (brown coal) fired power plant in Prunérˇov, Czech Republic. Shortly before the expected approval of CEZ’s Environmental Impact Assessment (“EIA”), the Federated States of Micronesia (“FSM”) sent two letters to the Czech government. In December 2009, FSM requested the Czech government to conduct a Transboundary EIA, which was followed in January 2010, by an additional request for the government to review the Best Available Technology (“BAT”) on the proposed modernization of the Prunérˇov II plant. FSM’s petition represents the first time that a Non-Member State of the European Union (“EU”) has brought a claim under EU Directive and Czech law requesting a review of the environmental impacts of an EU Member State project on a Non-Member State country. However, does FSM have standing to bring these claims?
Lopes, Paulo A. “FSM vs. Czech: A New “Standing” For Climate Change?” Sustainable Development Law & Policy, Spring 2010, 24, 58-59.