Germany: BUND sues federal government

A few months ago, the French government was taken to court for inadequate response to alarming air pollution levels. This is the second conviction in four years to make the state act. But in other countries, too, environmental groups are increasingly feeling compelled to take legal action to ensure compliance with environmental protection standards. Now it seems to be Germany's turn. The Bund für Umwelt und Naturschutz Deutschland (BUND) has just filed a lawsuit against the federal government before the Higher Administrative Court of Berlin-Brandenburg. 

In the complaint, the environmentalists accuse several ministries of violating the law within the framework of the Climate Protection Act. They claim that Germany has failed to meet its target of reducing greenhouse gas emissions by 40 per cent by 2020 compared to 1990 levels - a target that has not only not been met by the set deadline, but also not in the following years. According to current forecasts, it will not be possible to reach the planned values this year at this rate - and possibly overcompensate for the past years. In particular, there is a gap in the areas of transport and buildings, which the German government's expert council had already pointed out. Especially since the climate protection programme that is supposed to address this is still pending. 

According to BUND, corresponding emergency programmes must be adopted soon - as provided for in the Climate Protection Act itself, in case of non-compliance with emission levels in a certain sector. According to experts, what the Federal Ministry of Transport has presented is far from adequate. It is true that Federal Transport Minister Wissing has presented a six-point plan. However, this is "not an immediate programme in the sense of the Climate Protection Act", says Deputy Chair of the Council of Experts Brigitte Knopf. The programme should contain more concrete measures and show how "Wissing can drastically reduce emissions in his area", explains parliamentary group vice-president Julia Verlinden (Greens). 

Germany now needs "the political decision to create effective measures for climate protection". Many questions remain to be answered. How will the government deal with the environmental protection programme and the many other measures that affect the ecological footprint of the various sectors? Will it be necessary to tighten up existing regulations - such as environmental zone regulations and diesel driving bans - to ensure that climate targets are met from now on? Likewise, on the basis of the lawsuit, it remains questionable whether the state of Baden-Württemberg should continue with the planned abolition of some environmental zones. Should the state government stick with it, even if Germany-wide the transport sector is still far from meeting the climate targets?  

Only time will tell. In the meantime, the "Ampel-Koalition" will meet this week to take stock of current transport and climate policy - and plan further steps.