“Courts have to take care of climate protection when politics fails like that,” says law student Jannis Krüßmann. That is why the 19-year-old from Bonn and three fellow campaigners are filing a complaint with the Federal Constitutional Court against the recently passed climate protection law of the state of North Rhine-Westphalia. In it, the black and yellow government of Prime Minister Armin Laschet (CDU) raised the greenhouse gas savings targets for the years 2030 and 2040 in order to become climate-neutral by 2045. However, according to the complaint, there was a lack of concrete measures on how to reduce CO₂ emissions.
A good two months after the surprisingly clear ruling by the Federal Constitutional Court that the federal government is doing too little to combat the climate crisis, the state governments are now threatened with hardship. A total of 21 children and young adults between the ages of six and 21 as well as three property owners have lodged complaints against North Rhine-Westphalia, Bavaria and Brandenburg in Karlsruhe. The reason is insufficient climate protection laws in North Rhine-Westphalia and Bavaria, Brandenburg still has none. Proceedings are now pending against Bavaria before the state’s constitutional and administrative courts. The young people are supported by the German Environmental Aid (DUH).
When it comes to implementing measures to reduce CO₂, the federal states have a greater obligation than the federal government, explains DUH lawyer Remo Klinger. Take traffic, for example: the federal government could introduce a speed limit on motorways. However, the federal states and municipalities were responsible for the expansion of local public transport or cycle paths. During the energy transition, Bavaria almost stopped the construction of new wind turbines due to strict distance rules to the next housing estate. North Rhine-Westphalia has now passed a similar law. An obligation to build photovoltaic systems on the roof is a matter of the state, as is the approval of stables with factory farming. The DUH thinks that Bavaria, North Rhine-Westphalia and Brandenburg are examples of all federal states.
“There is a problem in front and behind,” criticized Klinger. The 51-year-old expert in environmental law is certain that he will win the proceedings relatively quickly, probably within a year. Because these are only based on the decision of the Federal Constitutional Court. Klinger has already successfully brought proceedings on diesel driving bans for DUH, and he was also involved in the climate suit in Karlsruhe. He recently announced that he would also target German companies after a court in the Netherlands had sentenced the Shell oil company to drastic CO₂ savings. Proceedings against other federal states are also conceivable.
Bavaria’s Prime Minister Markus Söder is planning a government declaration on climate protection in July. To this end, the law, which was only passed in December by the coalition of the CSU and Free Voters, is to be tightened. Complainant David Schiepek, 19-year-old student teacher and Green City Councilor in Dinkelsbühl, Franconia, says: “Söder hugs trees, but lip service remains. Almost nothing happened.”