Mannheim (dpa/lsw) - The German Environmental Aid (DUH) has been successful with a climate lawsuit against the state of Baden-Württemberg: In a decision published on Friday, the Administrative Court complained about a violation of the Climate Protection Act. The VGH condemned the country to adopt the integrated energy and climate protection concept provided for in the law. However, the concrete effects of the decision are initially unclear.
Because with a new register of climate measures, Baden-Württemberg wants to speed up climate protection anyway. The register should be publicly accessible and replace the Integrated Energy and Climate Protection Concept (IEKK), which was previously updated every five years.
The Ministry of the Environment announced that it would examine the VGH judge's decision, the reasons for which were not initially available. With the climate measures register, the state has already launched a much more far-reaching climate protection concept. It contains concrete measures for reducing greenhouse gases. A council of experts will also examine and evaluate the proposals annually. The register is anchored in the third amendment to the climate protection law, which is currently being heard and should go into parliamentary proceedings later this year.
"The IEKK has overtaken itself," said a ministry spokeswoman. Baden-Württemberg wants to be net-climate-neutral by 2040; by 2030, greenhouse gases are to be reduced by at least 65 percent compared to 1990. "This requires dynamism, measurability and commitment at the implementation level. The IEKK was no longer able to meet these high standards with its five-year update cycle."
According to the VGH, however, the IEKK was not decided in 2020 or afterwards. There is only one IEKK that was passed in 2014 according to the regulations at the time. In September 2021, the environmental association therefore asked the state to adopt an IEKK that would meet the climate protection goals and shortly afterwards filed a lawsuit.
From the point of view of DUH federal manager Jürgen Resch, the verdict is a "resounding slap in the face" for the state government led by Prime Minister Winfried Kretschmann (Greens). He called for effective immediate measures to comply with climate protection requirements. "It is a highly dangerous trend for governments to brazenly ignore established climate commitments and even their own laws," says Resch.
An appeal against the VGH judgment was not admitted; However, the state can file a non-admission complaint with the Federal Administrative Court (Az. 10 S 3542/21).
