Bundesrat and Federal Government Embark on Draft Environmental Lawsuit Reform Act
November 6, 2024
Berlin, Germany – On November 6, 2024, the Bundesrat and the Federal Government released a joint statement outlining their positions on the proposed “Draft Environmental Lawsuit Reform Act.” The act aims to amend the existing Environmental Lawsuit Act and several other environmental regulations.
Bundesrat’s Position
The Bundesrat, representing Germany’s states, has called for several amendments to the proposed act. Key demands include:
- Expanded Standing: Extending the right to file environmental lawsuits to organizations whose primary purpose is not solely environmental protection.
- Strengthened Legal Protection for Environmental Associations: Providing environmental associations with more legal standing and financial support.
- Improved Access to Information: Simplifying access to environmental information for both the public and environmental organizations.
- Clearer Definition of Environmental Harm: Establishing a more comprehensive definition of environmental harm, including indirect and cumulative impacts.
- Simplified Procedures: Streamlining litigation procedures to make it easier for people to seek environmental justice.
Federal Government’s Response
In response to the Bundesrat’s demands, the Federal Government has stated the following:
- Partial Agreement on Standing: The government supports expanding standing to certain organizations with a proven track record in environmental protection.
- Limited Legal Protection Enhancement: While acknowledging the importance of environmental associations, the government believes that current legal protections are sufficient.
- Conditional Access to Information: The government is open to discussing improved access to information but emphasizes the need for balancing confidentiality concerns.
- Cautious Approach to Environmental Harm Definition: The government is wary of overly broad definitions of environmental harm, as it could lead to a flood of lawsuits.
- Commitment to Procedural Simplification: The government supports measures to simplify litigation procedures but emphasizes the need to maintain a fair and balanced process.
Next Steps
The Bundesrat and the Federal Government will now enter into negotiations to reach a compromise on the proposed act. The resulting document will then be submitted to the Bundestag for debate and a vote. The final version of the act is expected to be passed by the end of 2025.
Significance
The Draft Environmental Lawsuit Reform Act is a significant piece of legislation that aims to strengthen environmental protection and enhance the public’s ability to seek environmental justice. The outcome of the negotiations between the Bundesrat and the Federal Government will have a major impact on the future of environmental law in Germany.
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