Environmental pollution - Court says no: Thuringia remains stuck with potash costs
It was the penultimate chance for Thuringia to reduce its high annual clean-up costs for environmental pollution, particularly from GDR potash mining: a lawsuit before the Federal Constitutional Court to obtain a contribution from the federal government. However, the lawsuit was unsuccessful. The constitutional judges in Karlsruhe rejected Thuringia's application as inadmissible, according to information provided on Wednesday.
This also applied to an application from Saxony regarding the financing dispute with the federal government over the costs of cleaning up environmental damage caused by former GDR state-owned companies that were administered by the Treuhandanstalt after reunification.
Minister hopes for last chance
"Unfortunately, the Federal Constitutional Court has not confirmed that the costs for the clean-up of contaminated sites of the former Treuhand companies must be financed by the federal government in accordance with the constitution," explained Thuringia's Environment Minister Bernhard Stengele (Greens) in Erfurt. "We continue to rely on the proceedings before the Federal Administrative Court."
In 2020, the state government had also filed an administrative court action in the highest instance - it had failed in the administrative courts in Thuringia with its demand that the federal government contribute more to the millions in costs. The appeal to the Federal Administrative Court has not yet been decided.
"It is a legal, but also a political question as to whether the federal government will leave us alone with the unexpected additional costs of the environmental legacy. I will continue to campaign for the federal government to contribute to the financing of the post-mining burdens," explained the Minister. "From our perspective, the ecological follow-up costs of GDR mining and other former GDR state-owned companies cannot be the sole responsibility of the state."
Costs already amount to 750 million euros
According to a general agreement signed in 1998 between Thuringia and the Treuhand successor, the Federal Agency for Special Unification-related Tasks, the federal government had settled its financing obligations in a lump sum, according to the ministry. Since then, it has refused to make further payments, although the actual renovation costs have already exceeded the costs forecast at the time and on which the contract was based - around 675 million euros. The amount currently stands at around 750 million euros. The main issue here is the payments made by Thuringia to the potash group K+S (Kassel) for securing disused potash pits in Thuringia.
Judges rate applications as insufficient
According to the Federal Constitutional Court, Thuringia and Saxony did not sufficiently demonstrate that they were authorized to submit such applications. They had also not demonstrated any constitutional obligation on the part of the Federal Republic of Germany to bear (a share of) future costs for the remediation of contaminated sites. The Second Senate in Karlsruhe ruled that such an obligation had not been demonstrated either with regard to the Basic Law or unwritten constitutional principles (case no. 2 BvG 1/19 and 2 BvG 1/21).
The background to this is that the Treuhand had in many cases agreed indemnities with investors for GDR environmental damage, including with the Kassel potash group.
Because the clean-up costs in Saxony and Thuringia exceeded the estimated budget, the two Free States want to renegotiate. On the federal side, the Federal Ministry of Finance and the Federal Agency for Real Estate are currently responsible. According to further information from the court, they reject renegotiations.
Statement from the court Decision
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- Despite Saxony's attempt to challenge the financing dispute with the federal government over potash mining's environmental damage costs, their application was also rejected by the Federal Constitutional Court.
- The refurbishment costs for environmental pollution from Potash mining in the GDR have been a constant issue for Thuringia, with the Federal Constitutional Court ruling that these costs should not be solely the state's responsibility.
- Financial experts in Germany are currently debating the trustworthiness of the federal government's commitment to covering environmental cleanup costs, particularly in regions like Thuringia and Saxony.
- Environmental Minister Bernhard Stengele of Thuringia called upon the Federal Administrative Court to review the federal government's financial contribution to the post-mining burdens resulting from Potash mining.
- The Federal Constitutional Court in Karlsruhe declared that both Thuringia and Saxony lacked sufficient proof to demonstrate their right to submit applications claiming a constitutional obligation from the Federal Republic of Germany to cover environmental pollution cleanup costs.
- The history of GDR-era Potash mining in Thuringia and Saxony has left a lasting impact on these regions' environments and finances, with initial budgets significantly exceeding the actual cleanup costs.
- Government negotiators in Saxony and Thuringia are currently seeking to renegotiate the financing agreement with the Federal Finance Ministry and the Federal Agency for Real Estate due to escalating environmental pollution cleanup costs.
- Bernhard Stengele of Thuringia continued his advocacy for the federal government to share in the environmental liability costs connected to Potash mining, emphasizing the significant environmental pollution and financial burden it has placed on these regions.
Source: www.stern.de
