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Court examines climate lawsuits against federal government

Environmental associations want to use their protest to underline their criticism of the government's climate policy. The court is dominated by legal questions. For example: do the associations even have the right to sue?

Activists in front of the Berlin Higher Administrative Court. The court is hearing a lawsuit....aussiedlerbote.de
Activists in front of the Berlin Higher Administrative Court. The court is hearing a lawsuit brought by Deutsche Umwelthilfe (DUH) and the Bund für Umwelt und Naturschutz Deutschland (BUND) against the German government..aussiedlerbote.de

Court examines climate lawsuits against federal government

In order to achieve climate targets, environmental organizations want to legally oblige the federal government to take effective measures. Since Thursday, the Berlin-Brandenburg Higher Administrative Court (OVG) has been examining corresponding complaints from Deutsche Umwelthilfe (DUH) and Naturschutz Deutschland (BUND). The court plans to announce its verdict on November 30.

In the three interlinked proceedings, the plaintiffs are demanding immediate programs that ensure compliance with the annual emission levels in the buildings and transport sectors set out in the Climate Protection Act for the years up to 2030. In their view, the measures planned to date are not sufficient to comply with the maximum quantities of climate-damaging greenhouse gases in the individual sectors.

Demand: Government should comply with its own laws

"The German government is deliberately disregarding climate targets," said DUH Federal Managing Director Jürgen Resch before the hearing. The lawsuit is intended to force the government to comply with its own laws and implement effective CO2 reduction measures. "Everything that is reasonable must be tackled," said Resch.

Before the hearing of the responsible 11th Senate, activists wearing masks of Federal Chancellor Olaf Scholz (SPD), Federal Economics Minister Robert Habeck (Greens) and Federal Building Minister Klara Geywitz (SPD) protested in front of the court. They threw a sign with the words "Climate Chancellor" into a barrel.

Formal legal issues dominated the discussion in court. One of the focal points was the question of whether the environmental organizations were even entitled to file a lawsuit.

The ministries whose areas are affected are responsible for emergency programs. The measures are then decided by the federal government. The current cases concern climate targets in the transport and buildings sectors. According to Resch, Umwelthilfe has filed a total of five lawsuits against the federal government. The OVG intends to hear further proceedings in February 2024.

The Climate Protection Act was tightened in June 2021. Prior to this, the Federal Constitutional Court in Karlsruhe had obliged the legislator to regulate the reduction targets for greenhouse gas emissions for the period after 2030 in more detail. Germany is to become greenhouse gas-neutral by 2045 and emissions are to be reduced by at least 65% by 2030.

  1. The federal government's inaction on climate change has led several environmental associations, including Deutsche Umwelthilfe and Naturschutz Deutschland, to file lawsuits, aiming to legally obligate the government to adhere to its own climate processes and implement effective CO2 reduction measures.
  2. The Federal Government, being accused of disregarding climate targets, faces pressure from associations like DUH, as they argue that the planned measures are insufficient to meet the maximum allowable quantities of climate-damaging greenhouse gases in various sectors, such as buildings and transport, as stipulated by the Climate Protection Act.

Source: www.dpa.com

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