- Mining water not to be pumped - Judgment
Over a decade after the end of coal mining in the Saarland, there's still debate about what to do with the abandoned mines. A recent ruling by the Federal Administrative Court addresses whether mine water needs to be pumped out, as it seeps into the depths. This costs the mining company RAG 20 to 30 million euros each year, which is why the company wants to stop doing it. Some municipalities fear that stopping the pumping could lead to groundwater pollution, soil movements, and the release of gases.
The Federal Administrative Court (BVG) in Leipzig has now rejected an appeal by the municipality of Merchweiler against the ruling of the Higher Administrative Court (OVG) in Saarbrücken, a BVG spokesperson told dpa. The lawsuit against the approved increase in mine water has thus been finally dismissed.
In July 2023, the OVG rejected the first three lawsuits, including Merchweiler's, against the increase. The court did not allow an appeal in this case. Merchweiler then filed an appeal, but it was unsuccessful.
The pending cases of other municipalities at the OVG were initially stayed due to Merchweiler's appeal, as an OVG spokesperson told dpa. There are still pending cases at the OVG of Saarland from the cities of Dillingen and Lebach, as well as the municipalities of Heusweiler, Schmelz, Saarwellingen, and Nalbach, the spokesperson said.
The increase in mine water is controversial
The lawsuits are directed against the decision of the Upper Mining Authority of Saarland to partially flood the mines. Mine water is rainwater that seeps into the depths and collects in shafts and tunnels underground. So far, it has been pumped out, but this is expensive for the mining company RAG. The increase in mine water in Reden and Duhamel to minus 320 meters, applied for by RAG, was approved in 2021 under certain conditions. The approval is linked to conditions regarding nature conservation and earthquakes, among other things.
Despite the OVG's repeated rejections of lawsuits challenging the increase in mine water, some municipalities in Saarland, such as Dillingen, Lebach, Heusweiler, Schmelz, Saarwellingen, and Nalbach, still have pending cases. The decision to partially flood the mines, which has caused controversy, was made by the Upper Mining Authority of Saarland in 2021, allowing RAG to increase mine water levels in Reden and Duhamel to minus 320 meters under specific conditions.
