Deutsche Umwelthilfe (DUH) v. Bayern

Germany

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, environmental organization Deutsche Umwelthilfe (DUH; Environmental Action Germany) brought a claim against the state of Bavaria for failing to set up a climate protection program. In its submission, DUH asks the Higher Administrative Court to order the Bavarian government to adopt a new climate protection program, whose measures are suited to: (i) reduce the GHG emissions in Bavaria by at least 55% by 2030; (ii) reduce GHG emissions to less than 5 tons per inhabitant of Bavaria; and (iii) achieve climate neutrality by 2050.

Claimant argues that this lack of a climate protection program is in violation of Bavaria’s 2020 Climate Protection Act (BayKlimaG), which explicitly requires the state to establish a climate protection program for the implementation of its reduction goals (albeit not stipulating a detailed timeframe). Claimant relies on the Constitutional Court’s findings in Neubauer v. Germany, which recognized the constitutional nature of climate protection (as a means of guaranteeing and protecting fundamental rights), to argue that a new climate protection program has to be set up. As the state’s only existing climate protection program was adopted in 2015 – 5 years before the Bavarian Climate Protection Act entered into force in 2020 and has not been updated since – claimant submits that it is inadequate to address the requirements of the BayKlimaG.

Case documents

Petition (German)

Related laws and policies

This law implements Germany legislation

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

Passed in 2019 Legislative

The purpose of this law is to ensure that national climate protection targets are met and European targets are met. It is also intended to support Germany's commitment at the UN climate summit in New York on September 23, 2019 to pursue greenhouse gas neutrality as a long-term goal by 2050. It wa...