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Court hearing environmental lawsuit against federal government

The air in Germany and the EU should be cleaner. Now a court is negotiating whether the corresponding measures of the Federal Government are sufficient.

The court is handling measures taken by the federal government for clean air (archive image)
The court is handling measures taken by the federal government for clean air (archive image)

Clean air - Court hearing environmental lawsuit against federal government

The Federal Government must answer in court once again due to its environmental and climate politics. The Oberverwaltungsgericht Berlin-Brandenburg is hearing a lawsuit (Case number: OVG 11 A 16/20) by the German Environmental Aid (DUH) today (10:00 am) regarding compliance with European guidelines for clean air.

Specifically, this concerns the so-called National Air Pollution Program (NLRP). Adopted in 2019 and updated in May 2024, this program includes numerous measures aimed at helping Germany achieve European targets for reducing emissions of air pollutants. These pollutants include Ammonia, Particulate Matter, Sulfur Dioxide, and Nitrogen Oxides.

The Environmental Aid disagrees with the Federal Government's assessment that these measures will be sufficient to meet the EU's reduction targets. The organization is demanding improvements. According to a spokesperson, the court may render a judgment on Monday or later.

Middle of May, the Oberverwaltungsgericht had decided that the Federal Government needs to revise its climate protection program. The previously listed measures were not sufficient to achieve climate targets, the judges ruled in two lawsuits filed by the DUH.

  1. The Federal Government's process in court over its climate and environmental politics is not unique, as Berlin's Oberverwaltungsgericht Berlin-Brandenburg is now hearing a similar case brought forth by German Environmental Aid e.V. concerning compliance with EU guidelines for clean air.
  2. In alignment with the EU's objectives, Germany's Federal government has enacted the National Air Pollution Program (NLRP), which includes various measures to decrease emissions of air pollutants such as Ammonia, Particulate Matter, Sulfur Dioxide, and Nitrogen Oxides.
  3. Germany, being an EU member, is expected to meet its emission reduction targets, but the German Environmental Aid (DUH) is skeptical about the Federal Government's belief that the implemented measures will be enough, advocating for primarily improvements in the NLRP.
  4. Earlier in May, the Oberverwaltungsgericht Berlin-Brandenburg mandated the German Federal government to revise its climate protection program, determined in two separate lawsuits that the initial measures were insufficient to reach climate targets as set by the EU.

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