keeping of limits - Air quality: Judgment on government lawsuit on July 23.
In the upcoming week, the German Environmental Aid (DUH) lawsuit against the Federal Government regarding the adherence to air quality standards is expected to render a verdict. A spokeswoman of the Berlin Administrative Court confirmed to dpa inquiry that the announcement of the decision will take place on Tuesday, 23. July, at 11.30 am. The main hearing in this case began on a Monday morning and lasted until late in the afternoon.
The subject of the trial is a lawsuit filed by the German Environmental Aid (DUH) for the enforcement of European guidelines for clean air (Case No.: OVG 11 A 16/20). The DUH accuses the Federal Government of not being able to achieve the targets for the respective limits with the planned measures.
Specifically, the dispute concerns the so-called National Air Pollution Control Program (NLRP). This program, which was adopted in 2019 and updated in May 2024, contains numerous measures aimed at helping Germany achieve European goals in reducing emissions of air pollutants. These include Ammonia, Fine Dust, Sulfur Dioxide, and Nitrogen Oxides. For instance, nitrogen oxide emissions are expected to decrease by 65% by 2030 compared to 2005.
DUH: Unreachable targets with current measures
In contrast to the Federal Government, the DUH believes that these and other air quality targets for 2030 cannot be achieved with the currently planned measures. The Federal Government, therefore, according to the organization's assessment, should urgently search for alternatives. The DUH points out in this context that the Federal Government has canceled or weakened many measures included in its projections and mentions the Building Energy Law as an example. The use of "fine dust blowers such as wood stoves" would not be restricted, the DUH complains. In summary, the program lacks realistic assumptions, it is stated.
The organization has taken legal action against the currently sitting Federal Government in the past to compel more effective environmental and climate measures. In mid-May, the Administrative Court of Berlin/Brandenburg ruled that the Federal Government must revise its climate protection program. The previously listed measures were not sufficient to achieve the climate targets, the judges ruled and granted two lawsuits filed by the DUH accordingly.
- Following their previous triumph against the Federal Government in the Berlin/Brandenburg Administrative Court over insufficient climate protection measures, German Environmental Aid (DUH) is now challenging the government in court over alleged failure to meet air quality standards within set limits.
- The Federal government's National Air Pollution Control Program (NLRP), adopted in 2019 and updated in May 2024, stands at the center of the court case, with DUH arguing that the program's current measures will not allow Germany to adhere to European guidelines for clean air.
- In light of German Environmental Aid's (DUH) perspective, the Federal Government should urgently explore alternative approaches to achieve air quality targets for 2030, as they consider the current measures insufficient.
- As part of the legal proceedings related to the Federal Government's process (court) concerning adherence to air quality standards, DUH criticizes the government for weakening or canceling various measures, such as the Building Energy Law, and failing to enforce restrictions on the use of "fine dust blowers" like wood stoves.
