Germany

Deutsche Umwelthilfe (DUH) v. Bayern

Jurisdiction: Bayern Administrative Court


Principle law(s): Federal Climate Protection Act and to change further regulations ("Bundesklimaschutzgesetz” or “KSG")


Side A: Deutsche Umwelthilfe (DUH) (Ngo)


Side B: State of Bayern (Government)


Core objectives:

The inadequacy of a climate protection law in the State of Bayern. 


Summary
On June 24, 2021, Deutsche Umwelthilfe (DUH) brought a claim against the state of Bayern for the failure to inadequacy of the adopted climate law. DUH asks the court to order the state government to adopt a climate program for the state of Bayern, (i) reducing the CO2 equivalent in Bayern by at least 55% by 2030, (ii) reducing the CO2 equivalent of greenhouse gas emissions to less than 5 tons per inhabitant and (iii) achieving climate neutrality by 2050. Bayern’s 2020 Climate Protection Act (BayKlimaG) does not contain any deadlines for the achievement of climate targets and fails to set goals beyond 2030. According to the plaintiffs, the measures also fall short of the Federal Climate Protection Act. Bayern further implemented a 2015 climate protection program which the plaintiffs claim is insufficient since it was adopted after the Climate Protection Act came into force and is not regularly updated.
Case documents

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