Environmental scandal in the Alps - No judgment for illegal work in nature reserve
The environmental proceedings in the Rappenalptal valley in the Allgäu Alps come to an end without a verdict. The parties reached an agreement before the Landgericht Kempten to halt the proceedings against the two defendants. However, they must pay fines of 5,000 euros and 20,000 euros respectively to charitable organizations and the state. Once the money has been paid, the case will be filed.
The defendants were responsible for two Alp cooperatives that illegally diverted approximately one and a half kilometers of the nature-protected Rappenalpbach in the past year and a half. They intended to remove flood damages and prevent further flooding of meadows. However, the cooperatives were not authorized for such extensive construction work.
The Landratsamt Oberallgäu played a questionable role in the illegal work: The authority granted certain works on the creek with an entry in the records, which the farmers saw as permission for dredging and canalizing the creek. In court, the caseworker of the office acknowledged the error in the record.
The ambiguous note of the district authority was sharply criticized by Presiding Judge Christoph Schwiebacher and led to the termination of the proceedings. The Criminal Chamber had initially wanted to discontinue this already before the trial, but the Prosecutor's Office insisted on a hearing. After the judge made another attempt in this direction, the Prosecutor eventually agreed.
The taxpayer had to pay dearly for the environmental scandal, which had also occupied the Bavarian parliament in Munich. A year ago, the dredging of the wild creek was the subject of a proceeding before the Administrative Court of Augsburg. There, the court also found significant involvement of the Landratsamt.
Subsequently, the farmers and the district authority in Sonthofen agreed to finance the restoration of the Rappenalpbach together. Preliminary restoration work had already taken place the previous year.
However, the Bund Naturschutz (BN) is demanding significant further measures for restoring the previous state and compensating damages. "There will still be many, many years of work to be done," said BN Regional Representative Thomas Frey. A unique habitat had been destroyed.
The Prosecutor's Office had estimated the costs for restoring the creek at 860,000 euros. Frey referred to the fact that, due to the settlement before the Administrative Court, the public sector would now have to bear half of the costs. He demanded as a consequence better functioning nature protection authorities in Bavaria. Then, the whole thing would not have happened.
- The men responsible for the Alp cooperatives in the Rappenalptal valley, located in the Allgäu Alps, faced charges in the Landgericht Kempten due to illegally diverting the nature-protected Rappenalpbach.
- Despite the agreement between the parties, the defendants were ordered to pay fines of 5,000 euros and 20,000 euros to charitable organizations and the state, respectively.
- The Public Prosecutor's Office in Bavaria was involved in the case, initially advocating for a hearing despite the Criminal Chamber's desire to discontinue the proceedings.
- Umwelt, which translates to 'environment' or 'sphere of influences' in German, was negatively affected by the environmental scandal that took place in the Rappenalptal valley.
- The Landratsamt Oberallgäu, responsible for overseeing the district, was criticized for granting questionable permission for illegal work on the nature-protected creek, leading to the termination of the proceedings.
- In an attempt to restore the affected nature reserve and compensate for damages, farmers and the district authority in Sonthofen agreed to work together, financing the restoration of the Rappenalpbach.
