Energy - Federal Court overturns verdict on Datteln 4 coal-fired power plant
Opponents of the Datteln 4 power plant have suffered a defeat before the Federal Administrative Court in the long-running legal dispute. On Thursday, Germany's highest administrative court in Leipzig overturned rulings by the Higher Administrative Court in Münster, which had declared the development plan for the coal-fired power plant invalid. The 4th Senate of the Federal Administrative Court ruled that the Higher Administrative Court had based its decision in 2021 on legally unsustainable considerations. Now the OVG is to decide again.
Dispute for many years
There has been a dispute about the power plant for many years. An initial development plan was declared invalid in 2009 because it was not in line with regional planning. The environmental association BUND, the town of Waltrop and several local residents took legal action against the newly drawn up plan. They primarily criticized errors in the choice of location. Following the OVG ruling, the town of Datteln and the power plant operator Uniper lodged appeals, which have now been decided by the Federal Administrative Court.
The energy company Uniper reacted positively to the ruling. "We welcome the Federal Administrative Court's decision and believe it confirms our legal position," said a spokesperson.
Reasons for the Federal Administrative Court's decision
The Higher Administrative Court of North Rhine-Westphalia had wrongly assumed that errors had been made in the regional planning when selecting the site and that these errors had affected the urban land-use planning of the town of Datteln, according to the Federal Administrative Court. It was not a defect that the search for a site was limited to the Emscher-Lippe region. In the environmental assessment, the criteria for a suitable location could also be determined in such a way that a hard coal-fired power plant was also considered.
Controversial large power plant
The Datteln 4 hard coal-fired power plant has been supplying electricity since 2020. Its completion was delayed and was accompanied by protests. It is the last coal-fired power plant built in Germany and has a capacity of 1100 megawatts. Around a third of the electricity generated in Datteln is supplied to Deutsche Bahn, while the rest is sold on the electricity market. The power plant also supplies the town of Datteln with district heating.
Lawsuits also against operating license
Datteln 4 is operated on the basis of a so-called immission control permit from 2017, which the plaintiffs are also challenging. The proceedings are pending at the OVG Münster, but are currently suspended, according to a spokesperson. The ruling from Leipzig on the validity of the development plan should be awaited before a decision is made on the operating permit.
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- The opponents of the Datteln 4 coal-fired power plant, including the environmental association BUND and the town of Waltrop, have been embroiled in a legal dispute that spans over a decade.
- The Federal Administrative Court in Leipzig, Germany's highest administrative court, has overturned rulings by the Higher Administrative Court in Münster, which declared the development plan for the coal-fired power plant invalid in 2021.
- The controversy surrounding the Datteln 4 hard coal-fired power plant has seen an initial development plan declared invalid in 2009 due to misalignment with regional planning.
- Uniper, the power plant operator, welcomed the Federal Administrative Court's decision, stating it confirmed their legal position.
- The Higher Administrative Court of North Rhine-Westphalia had incorrectly assumed that errors had been made in the regional planning when selecting the site for the power plant, according to the Federal Administrative Court.
- Opened in 2020, the Datteln 4 power plant has a capacity of 1100 megawatts and is the last coal-fired power plant built in Germany.
- Legal disputes also surround the power plant's operating license, with proceedings pending at the OVG Münster but currently suspended, awaiting the Leipzig court's decision on the validity of the development plan.
- Despite opposition and legal challenges, Datteln 4 supplies electricity to Deutsche Bahn and the town of Datteln, as well as district heating.
Source: www.stern.de
