climate protection - Federal government must improve the environmental program
The Federal Government must review its National Air Quality Program. This was decided by the Administrative Court of Berlin-Brandenburg. The previously listed measures were not sufficient in all aspects to achieve the European goals for the reduction of air pollutant emissions, according to the judges. The program's underlying forecasts were deemed partially erroneous, as some of the most recent data were not taken into account, explained Presiding Judge Ariane Holle. (Ref: 11 A 16.20)
As a result, the German Environmental Aid (DUH) has again - at least partially - successfully sued the Federal Government. In mid-May, the Administrative Court had ruled that the Federal Government must revise its climate protection program, but this decision is not yet legally binding.
DUH: Tempo limit is necessary
"This is a really good day for clean air in Germany", said DUH Federal Managing Director Jürgen Resch after the judgment. "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."
This decision is not yet legally binding. However, the judges allowed a revision at the Federal Administrative Court in Leipzig due to its fundamental significance. Resch expressed the hope that there will soon be talks with the Federal Ministries for Transport, Building and Environment. To reduce short-term emissions of nitrogen oxides significantly, a speed limit on motorways is necessary.
Proceedings have been ongoing since 2020
The Environmental Aid is involved in various lawsuits against the climate and environmental policy of the Federal Government. In the current case, it concerned the 2019 adopted and May 2024 updated program with numerous measures to help Germany achieve the European goals for the reduction of air pollutant emissions. This involves Ammonia, Particulate Matter, Sulfur Dioxide, and Nitrogen Oxides.
The organization's lawsuit is already from the year 2020 and therefore concerned the national Air Quality Program 2019. During the course of the court proceedings, the Federal Government made adjustments. However, from the perspective of the Environmental Aid, this is not sufficient. The current program is based on emission forecasts from 2021. Measures have been included that were then canceled or weakened.
Court: Errors in forecasts
The court agreed with many of the arguments. For example, the Climate Protection Projections Report 2023 from August 2023 was not taken into account. "The National Air Quality Program plays an important role in this", emphasized Judge Holle. The efforts should not be abandoned.
The Senate criticized several errors in the program's forecast. For example, the Novelle of the Building Energy Law from September 2023 was not taken into account. This allows the operation of pellet heating systems, which lead to stronger air pollution with particulate matter.
Additionally, it was assumed that all coal-fired power plants would be off the grid by the end of 2029. Regarding traffic, a forecast error occurred because the state funding for the purchase of electric vehicles was stopped temporarily.
- Jürgen Resch, the Federal Managing Director of German Environmental Aid (DUH), celebrated the court's decision, stating, "This is a really good day for clean air in Germany."
- The Administrative Court in Leipzig granted a revision due to the decision's fundamental significance, allowing for potential discussions with the Federal Ministries for Transport, Building, and Environment.
- Presiding Judge Ariane Holle highlighted the importance of the National Air Quality Program, stating, "The National Air Quality Program plays an important role in this," and urging that efforts should not be abandoned.
- In the ongoing proceedings since 2020, the German Environmental Aid criticized several errors in the program's forecasts, including the exclusion of the Climate Protection Projections Report 2023 and the Novelle of the Building Energy Law.
- The court also identified errors in the program's assumptions regarding traffic and coal-fired power plants, noting that the forecast for the state funding for the purchase of electric vehicles was inaccurate.
