Environment, Land & Resources

Tag Archives: Germany

German Court Dismisses Farmers’ Climate Protection Claim

The court argued that the German government’s 2014 decision on climate protection goals for 2020 was not legally binding. By Jörn Kassow On 31 October 2019, the Administrative Court of Berlin dismissed a climate lawsuit brought by German citizens against the government. The plaintiffs had alleged that the government was violating their rights by missing … Continue Reading

German Government Adopts Climate Action Programme 2030

The Programme includes a new CO2 pricing regime aimed at emissions caused by the building sector and by traffic and transport. By Jörn Kassow On 20 September 2019, the German government adopted the Climate Action Programme 2030, a plan to ensure that Germany achieves its climate protection goals for 2030, including a reduction of greenhouse … Continue Reading

2012 German Law on Renewable Energy Does Not Constitute State Aid

ECJ ruling provides EU Member States more flexibility in designing the promotion of renewable energies. By Jörn Kassow, Alexander Wilhelm, and Apostolos Papadimitriou  The European Court of Justice (ECJ) recently ruled that the German Renewable Energy Act of 2012 (Erneuerbare-Energien-Gesetz – EEG 2012) did not constitute State aid (C-405/16 P). The ECJ found that the support … Continue Reading

German Government Commission Agrees to Phase Out Coal Power Plants by 2038

The Coal Commission’s phase-out proposal includes a €40 billion federal spending package for affected states. By Jörn Kassow and Patrick Braasch A German government-appointed body, known colloquially as the “Coal Commission”, has agreed to end coal-fired power generation by 2038. In an effort to meet Germany’s climate goals under the Paris Agreement, the Coal Commission … Continue Reading

EC Refers Member States to ECJ Over Failure to Control Air Pollution

After neglecting to heed an initial warning, six Member States may face financial penalties if they do not reduce pollution levels. By Paul A. Davies, Michael D. Green, and Alexander Wilhelm The European Commission (EC) has referred the UK, France, Germany, Hungary, Italy, and Romania to the European Court of Justice (ECJ) for failing to … Continue Reading

Diesel Ban Poised to Cut Pollution in German Cities

German cities face driving bans for diesel passenger cars in order to meet European Union air quality limit values. By Joern Kassow The German Federal Administrative Court recently made a fundamental ruling stating that diesel driving bans are generally admissible. German cities may consider general off-limit areas for diesel fueled cars, as well as partial … Continue Reading

German Coalition Talks Hint at Key Elements of German Environmental Policy 2018-2021

A coalition government would likely focus on energy, transportation, and the automotive industry to meet Paris Agreement targets. By Joern Kassow and Patrick Braasch Background After the 2017 German parliamentary elections, the conservative Christian Democrats (CDU/CSU) and the Social Democrats (SPD) faced difficulties in forming a new government. However, the parties have now agreed on … Continue Reading

German Court Will Take Evidence in Groundbreaking Climate Change Case

By Joern Kassow and Patrick Braasch Latham has previously written about the Lliuya v. RWE AG case, in which a Peruvian farmer has sought damages from German energy giant RWE for climate change effects in his home country. The Higher Regional Court of Hamm indicated during oral hearings that it would likely proceed to take … Continue Reading

German Energy Giant May Be Directly Liable for Climate Change Impact

By Jörn Kassow and Patrick Braasch A German appeals court has indicated in a groundbreaking civil action that major CO2 producers may be directly liable for global environmental damage caused by climate change. Mr Saúl Luciano Lliuya, a Peruvian farmer, has alleged that RWE AG, Germany’s second-largest electricity producer, is responsible for the impact of … Continue Reading

Urban Mining Briefing Reveals Huge Global Potential

By Jörn Kassow and Eun Kyung Lee Germany’s increasing shortage of natural resources and the corresponding mounting cost of extracting raw materials signals the need for alternative and innovative ways of collecting and recycling secondary raw materials. One promising method of securing potential secondary raw materials is “urban mining”, which aims primarily at reclaiming raw … Continue Reading

Responsibility for German Nuclear Waste Shifts With Creation of State-owned Fund

By Paul Davies, Joern Kassow and Alexander Wilhelm In early July 2017, operators of German nuclear power plants initiated the next step in the process of decommissioning by transferring €24 billion to the new state-owned fund for nuclear power plant waste disposal. The German state established the Fund for the Financing of the Nuclear Waste … Continue Reading
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