Climate protection: Court: Federal government must do more for clean air

Another slap in the face for the traffic light coalition in the struggle for more environmental and climate protection: The Berlin-Brandenburg Higher Administrative Court has ordered the federal government to make changes to its National Air Pollution Control Program. The measures were not sufficient in all respects to achieve the European goals for reducing emissions of air pollutants, according to the court. (Ref.: 11 A 16.20)

The forecasts underlying the program were partly incorrect because, for example, the most recent data had not been taken into account, explained presiding judge Ariane Holle. The German Environmental Aid (DUH) has thus once again successfully – at least partially – sued the federal government.

Environmental Aid: “Good day for clean air”

“This is a really good day for clean air in Germany,” said DUH Federal Director Jürgen Resch. “For the first time, the federal government has been ordered to adopt and implement really effective additional measures to reduce five air pollutants – and to do so as early as 2025,” said Resch. According to a court spokeswoman, the ruling does not specify this year. However, the program must be adjusted now.

Specifically, it concerns the program adopted in 2019 and updated in May 2024 with numerous measures with which Germany wants to achieve the European goals for reducing emissions of air pollutants. This concerns ammonia, particulate matter, sulfur dioxide and nitrogen oxide. The DUH had filed a lawsuit because it considered the program to be inadequate.

Discussion about speed limit

The current decision is not yet legally binding. Because of its fundamental importance, the Berlin judges allowed an appeal to the Federal Administrative Court in Leipzig. However, Resch expressed the hope that talks with the Federal Ministries of Transport, Construction and the Environment will soon take place. In order to significantly reduce nitrogen oxide emissions in the short term, a speed limit on the motorways is necessary.

The FDP parliamentary group in the Bundestag rejected this. “Demands such as driving bans are environmental policy measures at the expense of the population and will not be possible with the Free Democrats in the federal government,” said parliamentary group vice-chair Carina Konrad.

The Federal Environment Ministry announced that it would examine the ruling “comprehensively” as soon as it was available in writing. A spokeswoman stressed that the DUH lawsuit had only been partially successful. The organization had wanted to legally enforce an annual reduction in pollutants. The federal government was not obliged to do this.

Premature deaths due to air pollutants

Air pollutants pose a major threat to health and lead to numerous premature deaths and illnesses such as asthma or cardiovascular diseases. According to current estimates by the European Environment Agency (EEA), at least 238,000 people died prematurely in 2020 because they were exposed to high concentrations of fine dust particles. Nitrogen dioxide pollution led to 49,000 premature deaths and increased ozone levels to 24,000.

According to the DUH, around 28,000 people die prematurely in Germany every year due to nitrogen dioxide and 68,000 people due to fine dust particles. Fine dust is caused by emissions from motor vehicles and coal-fired power plants.

Environmental aid repeatedly goes to court

Environmental Aid is taking various legal action against the federal government’s climate and environmental policy. In mid-May, the Higher Administrative Court (OVG) ruled that the federal government must tighten up its climate protection program, but the decision is not yet legally binding. Most recently, in July, Environmental Aid filed a constitutional complaint with the Federal Constitutional Court against the federal government’s controversial climate protection law.

Court: Errors in forecasts

The organization’s current lawsuit dates back to 2020. In the course of the legal proceedings, the federal government adjusted it. From the point of view of Umwelthilfe, however, this is not enough. The current program is based on emissions forecasts from 2021. Measures were included that were then canceled or weakened.

The court followed the argument on many points. For example, the 2023 climate protection projection report from August 2023 was not taken into account, criticized the 11th Senate. “The air pollution control program has an important steering role to play,” emphasized Judge Holle. The efforts should not be stopped.

The Senate criticized several errors in the forecast for the program. Among other things, the amendment to the Building Energy Act of September 2023 was not taken into account. However, this allows the operation of wood pellet heating systems, which lead to greater air pollution with fine dust.

In addition, when it came to coal-fired power generation, it was still assumed that all coal-fired power plants would be taken off the grid by the end of 2029. With regard to transport, there was a forecast error because it was not taken into account that state funding for the purchase of electric vehicles had been stopped in the meantime.