Germany

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

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 December 3, 2020, Deutsche Umwelthilfe (DUH) brought a claim against the state of Nordrhein-Westfalen (NRW) and asks the court to order the NRW government to update the climate protection plan. The NRW Climate Protection Act requires a climate protection plan to be adopted by 2013 and updated every 5 years. The climate protection plan was adopted in 2015, after the deadline had passed. The plaintiffs argue that the plan should be updated in 2018, 5 years after the 2013 deadline, rather than in 2020. Given that the NRW government had yet to update its plan, the plaintiffs claim the state government is in breach of the NRW Climate Protection Act, and ask the court to order an immediate update of the plan.
Case documents

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