Berlin: Environmental Action Group's lawsuit against the government over air quality discussed
The DUH lawsuit has been pending since 2020 and originally concerned the German Air Quality Program 2019. Meanwhile, the Federal Government's update of this program, as viewed by the DUH, is not sufficient. The Federal Government also violates the European Directive on the Reduction of Air Pollutants with the updated Air Quality Program, which was adopted by cabinet resolution in May 2024.
The current program is based on emission forecasts from 2021. In the view of the DUH, the Federal Government should have ensured that up-to-date data were used - also because measures, such as the Building Energy Law (GEG) or the Euro 7 emissions standard, would not have been taken into account if they had been postponed or weakened, as was the case.
The Federal Government argued that it was impossible to come to up-to-date data that quickly and incorporate them into the program. A reassessment would have resulted in significant delays and possibly a breach of contract by the Commission.
This is not convincing, said the DUH on Monday. Both the GEG and the regulations regarding the Euro 7 emissions standard were adopted months before the revision of the Air Quality Program. The latter were also politically uncertain from the outset, raising the question of why the Euro 7 emissions standard was even taken into account.
The President of the Administrative Court, Ariane Holle, who had decided in favor of the environmentalists in the last two DUH lawsuits against the Federal Government at the Administrative Court, stated that she saw a tension here. If the legislator must always regulate based on up-to-date data, the program will not be completed and cannot be adopted, Holle pointed out.
Originally, the judgment was to be pronounced on Monday. However, the President of the Senate set a special term for the pronouncement during the hearing. It will take place on July 23. Thus, the Senate has the opportunity to deliberate extensively, Holle said.
- Despite the Federal Government's argument that updated data couldn't be incorporated quickly into the Air Quality Program without significant delays, German Environmental Aid e.V. lamented on Monday that important measures, like the Building Energy Law and the Euro 7 emissions standard, should have been considered.
- The Federal government's update of the German Air Quality Program 2019, as criticized by DUH, is also found to be in violation of the European Directive on the Reduction of Air Pollutants, which was adopted by cabinet resolution in Berlin in May 2024.
- In Berlin, the DUH continues to advocate for the Federal government to prioritize environmental help, such as implementing up-to-date data in the Air Quality Program, to ensure compliance with European directives and effectively combat air pollution.
- The ongoing lawsuit between the DUH and the Federal Government over the German Air Quality Program 2019 highlights the need for proactive policy-making, considering the evolving federal and European environmental regulations, particularly in relation to Air Quality and Emissions standards, in cities like Berlin.
