climate protection - Court: Federal government must do more for clean air
Further claps for the Traffic Light Coalition in the fight for more Environmental and Climate Protection: The Administrative Court Berlin-Brandenburg has ruled against the Federal Government regarding changes to its National Air Quality Program. The measures were not sufficient in all aspects to achieve European targets for reducing emissions of air pollutants, the court ruled. (Case No. 11 A 16.20)
The underlying assumptions were partially erroneous, as the presiding judge Ariane Holle explained, because not the most up-to-date data had been considered. The German Environmental Aid (DUH) has therefore successfully sued the Federal Government again, at least in part.
DUH: "Good Day for Clean Air"
"This is really a good day for clean air in Germany," said DUH Federal Managing Director Jürgen Resch. "For the first time, the Federal Government has been ordered to actually decide and implement effective additional measures for the reduction of five air pollutants - and that already for the year 2025," Resch added. The year 2025 is not explicitly mentioned in the judgment, according to a court spokesperson. However, the program must be updated accordingly.
Concrete matters concern the 2019 adopted and May 2024 updated program with numerous measures aimed at helping Germany achieve European targets for reducing emissions of air pollutants. This involves Ammonia, Particulate Matter, Sulfur Dioxide, and Nitrogen Oxides. The DUH had sued because it considered the program insufficient.
Discussion about Speed Limit
The decision is not yet legally binding. The Berlin judges allowed a revision at the Federal Administrative Court in Leipzig. Resch expressed the hope that there will soon be talks with the Federal Ministries for Transport, Building, and Environment. To significantly reduce short-term Sticknitrogen oxide emissions, a speed limit on highways is necessary.
The FDP parliamentary group in the Bundestag rejected this. "Demands like driving bans are environmental political measures on the backs of the population, and there will be no such thing with the Free Democrats in the Federal Government," said Fraktionsvize Carina Konrad.
The Federal Ministry of the Environment announced that it would "thoroughly" examine the judgment as soon as it is available in writing. A spokesperson noted that the DUH lawsuit had only been partially successful. The organization had wanted to legally enforce an annual reduction of pollutants. The Federal Government was not bound to this.
Premature deaths due to pollutants in the air
Air pollutants pose a significant health risk and lead to numerous premature deaths and illnesses such as asthma or heart-circulatory diseases. According to the latest estimates of the European Environment Agency (EEA), at least 238,000 people died prematurely in Europe in 2020 due to high concentrations of fine particulate matter. Sticknitrogen oxides caused 49,000 deaths, and elevated ozone levels caused 24,000 premature deaths.
In Germany, according to DUH, around 28,000 people die prematurely each year due to Sticknitrogen oxides, and around 68,000 people die prematurely due to fine particulate matter. Fine particulate matter is formed, for example, through emissions from motor vehicles and coal-fired power plants.
DUH goes to court repeatedly.
Environmental Action is suing the Federal Government's climate and environmental policy with various lawsuits. In mid-May, the Administrative Court (OVG) decided that the Federal Government must review its climate protection program, but the decision is not yet legally binding. Most recently, the Environmental Action filed a constitutional complaint against the controversial climate protection law of the Federal Government at the Federal Constitutional Court in July.
Court: Errors in Prognoses
The current lawsuit of the organization is already from the year 2020. During the course of the proceedings, the Federal Government made adjustments. However, this is not sufficient for the Environmental Action. The current program is based on emission prognoses from 2021. Measures have been included that were then cancelled or weakened.
The court followed the argumentation in many points. For example, the Climate Protection Projections Report 2023 from August 2023 was not taken into account, criticized the 11th Senate. "The Air Quality Program is of great importance," emphasized Judge Holle. The efforts should not be discontinued.
The Senate raised objections to several errors in the program's prognosis. For example, the Novelty of the Building Energy Law from September 2023 was not taken into account. This allows the operation of wood pellet heating systems, which lead to stronger air pollution with fine dust.
Furthermore, it was assumed regarding coal-fired power plants that all coal-fired power plants would be off the grid by the end of 2029. Regarding traffic, there was a prognosis error because the state funding for the purchase of electric vehicles was stopped temporarily.
- The Administrative Court Berlin-Brandenburg criticized the Federal Government's National Air Quality Program, stating that it falls short of achieving European targets for reducing air pollutants emissions.
- Jürgen Resch, the Federal Managing Director of German Environmental Aid (DUH), celebrated the court's decision, as it now obligates the Federal Government to enact and implement additional measures for reducing air pollution by 2025.
- The court's decision is not final, and the Traffic Light Coalition is expected to engage in discussions with the Federal Ministries for Transport, Building, and Environment to establish a speed limit on highways as a means of reducing nitrogen oxide emissions.
- Air pollution, particularly through ammonia, particulate matter, sulfur dioxide, and nitrogen oxides, poses significant health risks, resulting in numerous premature deaths and illnesses like asthma and heart-circulatory diseases.
- In 2020, at least 238,000 people died prematurely in Europe due to high concentrations of fine particulate matter, while sticknitrogen oxides allegedly caused 49,000 deaths and elevated ozone levels led to 24,000 premature deaths.
- DUH has repeatedly taken legal action against the Federal Government's climate policies, with their latest lawsuit arguing that the National Air Quality Program's emission prognoses and measures lacked up-to-date information and reliability.
