OVG Berlin: Government must do more for air and climate - DUH demands speed limit
Another blow for the traffic light coalition in the struggle for more environmental and climate protection: The Higher Administrative Court of Berlin-Brandenburg has condemned the federal government to make changes to its National Air Quality Control Program. According to the court, the measures were not sufficient in all respects to achieve the European goals in reducing air pollutant emissions. (Case No.: 11 A 16.20) The forecasts underlying the program were partly erroneous because, for example, the latest data had not been considered, explained the presiding judge, Ariane Holle. As a result, Deutsche Umwelthilfe (DUH) has once again - at least partially - successfully sued the federal government.
"This is a really good day for clean air in Germany," said DUH Managing Director Jürgen Resch. "For the first time, the federal government has been condemned to decide and implement truly effective additional measures for the reduction of five air pollutants - and this already for the year 2025," Resch said.
According to a court spokeswoman, this year does not result concretely from the ruling. However, the program must currently be adjusted. Specifically, it concerns the program adopted in 2019 and updated in May 2024 with numerous measures by which Germany aims to achieve the European goals in reducing air pollutant emissions. It concerns ammonia, fine particulates, sulfur dioxide, and nitrogen oxide. The DUH had sued because, in their opinion, the program was inadequate.
Discussion on speed limits
The current decision is not yet legally binding. Due to the fundamental importance, the Berlin judges allowed a revision at the Federal Administrative Court in Leipzig. However, Resch expressed hope that discussions with the federal ministries for transport, construction, and the environment would take place soon. To significantly reduce nitrogen oxide emissions in the short term, a speed limit on the highways is necessary. The FDP faction in the Bundestag rejected this.
"Demands like driving bans are environmental policy measures on the backs of the population and will not happen with the Free Democrats in the federal government," said the vice chairwoman of the faction, Carina Konrad.
The Federal Environment Ministry announced that it would "comprehensively" review the judgment as soon as it is available in writing. A spokeswoman emphasized that the DUH lawsuit was only partially successful. The organization had sought to legally enforce an annual reduction of pollutants. The federal government was not obliged to do so.
Premature deaths due to air pollutants
Air pollutants pose a significant danger to health and lead to numerous premature deaths and illnesses, such as asthma or cardiovascular diseases. According to current estimates by the European Environment Agency (EEA), at least 238,000 people died prematurely in 2020 because they were exposed to high concentrations of fine particulates. The nitrogen dioxide pollution led to 49,000 premature deaths, and increased ozone levels to 24,000 premature deaths. In Germany, according to DUH, around 28,000 people die prematurely each year due to nitrogen dioxide and 68,000 people due to fine particulates. Fine particulates are generated, for example, by emissions from motor vehicles and coal-fired power plants.
Environmental Aid Frequently Takes Legal Action
The Environmental Aid organization is pursuing various lawsuits against the federal government's climate and environmental policies. It was only in mid-May that the Higher Administrative Court (OVG) ruled that the federal government must tighten its climate protection program, although the decision is not yet legally binding. Most recently, in July, Environmental Aid filed a constitutional complaint with the Federal Constitutional Court against the federal government's controversial Climate Protection Act.
Court: Errors in Forecasts
The organization's current lawsuit has been pending since 2020. During the course of the legal proceedings, the federal government has adjusted its stance. From the perspective of Environmental Aid, however, this is not sufficient. The current program is based on emissions forecasts from 2021, and measures were included that were later canceled or weakened. The court followed the argumentation on many points. For example, the Climate Protection Projection Report 2023 from August 2023 was not taken into account, criticized the 11th Senate. "The air pollution control program plays an important regulatory role," emphasized Judge Holle. Efforts should not be abandoned.
The Senate noted several errors in the forecast for the program. For example, the amendment to the Building Energy Act from September 2023 was not considered. However, this allows the operation of wood pellet heaters, which lead to increased particulate matter pollution. Additionally, in the area of coal-fired power generation, it was still assumed that all coal power plants would be taken offline by the end of 2029. Regarding transportation, there is a forecasting error because the state subsidy for the purchase of electric vehicles was temporarily stopped and this was not taken into account.
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