Germany Court Decision a Blow to Federal Government – Climate Protection Program Not Sufficient
The Oberverwaltungsgericht Berlin-Brandenburg has ruled in favor of two lawsuits filed by the Deutsche Umwelthilfe, stating that the Federal Government must take more measures to achieve the climate goals outlined in the Climate Protection Law. The court found that the current climate protection program, implemented last October, does not fully meet the legal requirements for reducing greenhouse gas emissions. The judges stated that without additional actions, many sectors are projected to exceed the allowable amounts of emitted greenhouse gases from 2024 to 2030, except for agriculture.
According to the court, the Federal Government’s current measures have left a gap of approximately 200 million tons of carbon dioxide equivalents to be saved by 2030 in order to meet the climate targets. The basis for the lawsuits filed by the Deutsche Umwelthilfe were the requirements of the Climate Protection Law for different sectors aimed at reducing emissions from 2024 to 2030. The Law aims to reduce emissions by at least 65 percent by 2030 compared to 1990 levels, with Germany having achieved about 46 percent reduction by 2023.
The ruling could have significant implications for the Ampel Coalition’s policies, as the Federal Government has the option to appeal. The Deutsche Umwelthilfe celebrated the decision, calling it a deserved rebuke to the government’s pseudo-climate protection policies. The organization emphasized the need for immediate action, including implementing a speed limit on highways and eliminating climate-harming subsidies such as tax benefits for company car owners. The lawsuits targeted the sectors of transportation and buildings, both of which have consistently failed to meet emission reduction goals.
The challenged climate protection program serves as an overall plan by the Federal Government to achieve the climate targets, listing measures across various sectors including transportation, energy, buildings, industry, and agriculture. While some measures have already been implemented, such as an updated building energy law and the introduction of a 49-Euro Germany Ticket, others are more general, such as bolstering public transportation and expanding renewable energy sources. The court hearing highlighted concerns about the vagueness of certain measures and their impact on emission reduction.
Following an April decision by the Bundestag to reform the Climate Protection Law, the focus will shift to achieving overall climate goals in the future, rather than retrospectively monitoring sector-specific targets. This change has raised concerns among climate activists, who fear that individual sectors may not be held as accountable. The new law is pending approval and discussions in the Bundesrat, with the recent court ruling likely adding to the debate and potentially causing unrest within the government.
In conclusion, the court’s decision serves as a significant setback for the Federal Government’s climate policies, highlighting the need for more effective measures to meet emission reduction targets. The ruling’s impact on the ongoing climate policy reforms and discussions at the federal level remains to be seen, with potential implications for future climate action in Germany. The Deutsche Umwelthilfe’s successful legal challenges underscore the importance of strong environmental advocacy in holding governments accountable for their climate commitments.
