Process about Allgaeu River - Judge Criticizes Authority in Rappenalp Valley Process
Two Alp masters, who are alleged to have caused an environmental scandal at a Wildbach in Oberstdorf in the Rappenalptal approximately two years ago, are silent in court regarding the accusations. The men face a potential prison sentence, with the prosecution accusing them in the trial before the Landgericht Kempten of deliberate endangerment of protected areas and deliberate water pollution.
The dredging works triggered a nationwide environmental scandal that even drew the attention of the Landtag. According to the indictment, the 59-year-old and the 64-year-old are accused of significantly altering the protected Rappenalpbach to their detriment. Partially canalizing the river and constructing high dams had significant impacts on nature: The protected stream no longer overflowed its banks, branched out, or formed islands - to the detriment of various biotope types. The damages were allegedly foreseen and accepted by the accused. However, no statement was made by the farmers.
Unweather triggered the controversial dredging works two years ago
The environmental scandal began with unweather in the summer of 2022. The storm caused damage to the riverbanks. The affected areas belong to two Alp cooperatives, for which the accused are responsible. Gravel and sand were carried by the storm onto the meadows next to the stream, and the banks were undercut.
A representative of the Landratsamt came to the site to discuss restoration measures. The representative saw the work on the water as desirable and wrote a report accordingly. However, the Landratsamt issued a construction stop after the start of the dredging works.
The scope of the work exceeded the agreed-upon extent. There were accusations between farmers and the administration. The Administrative Court saw errors on both sides in a proceeding. The Alp farmers and the administration reached an agreement in the already closed administrative proceeding to finance the restoration works on the Rappenalpbach together.
Did the Landratsamt misunderstand the situation?
The presiding judge of the Criminal Chamber examined the report of the Landratsamt during the first trial day in detail. The document was described as "general in nature" and the authorized works not limited to specific measures. A reader could easily get the impression that the document authorized works on the entire 1.6-kilometer length of the stream. Moreover, the Landratsamt employee's on-site visit in the Rappenalptal and the later verbal construction stop were criticized.
The Landratsamt employee testified as a witness that the contested report was a brief summary of the site visit, which did not contain all the discussed information. In retrospect, he himself realized that the document could be misleading for persons who were not present at the meeting.
The Landgericht has scheduled five trial days for the trial, a verdict could therefore be announced on August 9th.
- The Wildbach in Rappenalp Valley, which was allegedly affected by the farmers' actions, is located in Oberstdorf, a town in the scenic Allgäu region of Bavaria.
- The Public Prosecutor's Office in Kempten is overseeing the ongoing process related to the environmental scandal caused by the farmers' actions at the Wildbach.
- The storm that hit the Rappenalptal in the summer of 2022 led to unweather that triggered controversial dredging works in the Wildbach, causing damage to the riverbanks.
- The focus of the trial before the Landgericht Kempten is the accusations of deliberate endangerment of protected areas and deliberate water pollution by the two Alp masters in the Wildbach.
- The Criminality associated with the accusations against the farmers could lead to a significant penalty, as they face a potential prison sentence.
- The Environment and its preservation have been a significant concern in Bavaria, with the Landtag taking notice of the environmental scandal in the Wildbach in Oberstdorf.
- The Environmental scandal in the Rappenalptal Valley has become a significant process (court case) in Bavaria, attracting media attention and public interest.
