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No dates for further mine water procedures

About a year ago, the first complaints against the water increase, approved in Saarland, in former hard coal mines were dismissed. Why further procedures are currently at rest.

The Higher Administrative Court of Saarland does not expect further mine water cases to be...
The Higher Administrative Court of Saarland does not expect further mine water cases to be terminated this year.

- No dates for further mine water procedures

The Higher Administrative Court (OVG) of the Saarland has no plans to schedule hearings for further lawsuits against the rise in water levels in former coal mines this year. The pending cases, following a so-called non-admission complaint filed by the municipality of Merchweiler with the Federal Administrative Court (BVG), have been "put on hold," the OVG spokesperson told dpa in Saarlouis. Now, we are awaiting the decision of the Federal Administrative Court in Leipzig.

In July 2023, the OVG rejected the first three lawsuits, including that of Merchweiler, against the approved rise of mine water in the Saarland and did not allow an appeal. However, a non-admission complaint could be filed with the Federal Administrative Court. Coal mining in the Saarland ended in 2012.

The lawsuits were directed against the plan approval decision of the Upper Mining Authority of the Saarland for the partial flooding of mines. Mine water is rainwater that seeps into the depths and collects in shafts and tunnels underground. Currently, it is pumped out. The pumping costs the mining company RAG between 20 to 30 million euros each year.

Rise in mine water levels controversial

The increase in mine water levels in Reden and Duhamel to minus 320 meters, applied for by RAG, was approved in 2021 under certain conditions. The project is controversial among citizens who fear ground movements, contamination of groundwater, and the release of gases. The current approval is linked to conditions for nature conservation and earthquakes.

At the OVG of the Saarland, the proceedings of the cities of Dillingen and Lebach, as well as the municipalities of Heusweiler, Schmelz, Saarwellingen, and Nalbach, are still pending, the spokesperson said. In the procedure of DB Netz AG (now: DB InfraGo AG), comparative negotiations are still ongoing. Lawsuits from private individuals have been withdrawn.

A scheduling of the mine water proceedings is not foreseeable. Due to the workload of the court, it is also not expected to be scheduled this year, the OVG spokesperson said.

Following the rejection of appeals in July 2023 by the Higher Administrative Court (OVG) of the Saarland, further lawsuits against the rise in water levels in former coal mines are not planned for scheduling this year, as stated by the OVG spokesperson. Subsequent to the pending cases following a non-admission complaint filed by the municipality of Merchweiler with the Federal Administrative Court (BVG), the court has put these proceedings on hold, awaiting the decision of the Federal Administrative Court in Leipzig.

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