Deutsche Umwelthilfe (DUH) v. Nordrhein-Westfalen (NRW)

Germany

Jurisdiction: Higher Administrative Court of North Rhine-Westphalia

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

Side A: Deutsche Umwelthilfe (DUH) (Ngo)

Side B: Nordrhein-Westfalen (NRW) (Government)

Core objectives: The inadequacy of a climate protection law in the State of Nordrhein-Westfalen.

Summary

On November 8, 2021, environmental organization Deutsche Umwelthilfe (DUH; Environmental Action Germany) brought a claim against the state of Baden-Württemberg (BaWü) asking the Higher Administrative Court of BaWü to order the BaWü government to adopt an integrated energy and climate protection plan to: (i) reduce greenhouse gas emissions by more than 65% by 2030 (as compared to 1990 levels) and (ii) reach carbon neutrality by 2040.

The state’s climate protection law (KSG BW), adopted in 2013 and amended in 2021, stipulates that in 2020 and every five years thereafter, the state government shall decide an integrated energy and climate protection concept, which sets out essential objectives, strategies and measures for meeting the overall climate protection goals. This concept is to be decided on the basis of legally mandated monitoring reports and following consultations with civil society associations and federations. Plaintiff complaints that to date, no such integrated energy and climate protection concept exists, even though the KSG BW was amended in 2021. As a result, plaintiff argues, the state is in violation of its own Climate Protection Act.

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...