Power station - Dispute over development plan for Datteln 4 enters another round
The legal dispute over the development plan for the Datteln 4 coal-fired power plant is entering another round. On Thursday, the Federal Administrative Court in Leipzig overturned rulings by the Higher Administrative Court of North Rhine-Westphalia, which had declared the plan invalid. The 4th Senate of the Federal Administrative Court justified its decision by stating that the Higher Administrative Court had based its decision in 2021 on legally unsound considerations.
The court in Münster had wrongly assumed that errors had been made in regional planning when selecting the site and that these errors had affected the urban land-use planning of the town of Datteln (case reference: BVerwG 4 CN 4.22 - 6.22).
The environmental association BUND, the town of Waltrop and several local residents had filed a lawsuit against the development plan. Following the OVG decision, the town of Datteln and the power plant operator Uniper lodged appeals, which have now been decided by the Federal Administrative Court. The Higher Administrative Court must now deal with the matter again.
Federal Administrative Court of Leipzig Chronology of the approval procedure Notice from the Federal Administrative Court
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- The legal dispute over the development plan for the Coal-fired power plant Datteln 4 has once again escalated, reaching the Federal Administrative Court in Leipzig.
- The court in Leipzig overturned the ruling by the Higher Administrative Court of North Rhine-Westphalia, which declared the plan invalid, citing legally unsound considerations.
- The environmental association BUND, the town of Waltrop, and local residents filed a lawsuit against the development plan, but their concerns were not upheld by the Higher Administrative Court.
- Following the OVG decision, the town of Datteln and the power plant operator Uniper lodged appeals, which have now been successfully addressed by the Federal Administrative Court in Leipzig.
- The dates for the court's next proceedings regarding the Datteln 4 coal-fired power plant development plan are yet to be announced, with the Higher Administrative Court in North Rhine-Westphalia now required to reevaluate the matter.
- The controversy surrounding the Datteln 4 power station is representative of the broader legal and environmental debates surrounding Germany's reliance on coal-fired electricity generation, with a major impact on the country's energy policy.
Source: www.stern.de