Thuringia's Struggle with Potash Clean-up Costs: Federal Constitutional Court's Verdict
Thuringia, a German state, was hoping to reduce its sky-high annual costs for environmental pollution clean-up, particularly from GDR potash mining. This included filing a lawsuit before the Federal Constitutional Court to obtain a contribution from the federal government. However, the lawsuit came up short. The constitutional judges in Karlsruhe deemed Thuringia's application as inadmissible, as reported on Wednesday.
This rejection also applied to an application from neighboring Saxony in relation to the financial dispute with the federal government over the costs of cleaning up environmental damage caused by former GDR state-owned companies managed by the Treuhandanstalt after reunification.
Minister's Perspective
"Unfortunately, the Federal Constitutional Court has not confirmed that the costs for the clean-up of contaminated sites of the former Treuhand companies must be financed by the federal government in accordance with the constitution," explained Thuringia's Environment Minister Bernhard Stengele (Greens) in Erfurt. "We continue to rely on the proceedings before the Federal Administrative Court."
The lawsuit in the highest administrative court in 2020 had also failed in Thuringia courts with the demand that the federal government contribute more to the millions in costs. The appeal to the Federal Administrative Court is still pending.
"It is a legal, but also a political question as to whether the federal government will leave us alone with the unexpected additional costs of the environmental legacy. I will continue to campaign for the federal government to contribute to the financing of the post-mining burdens," explained the Minister. "From our perspective, the ecological follow-up costs of GDR mining and other former GDR state-owned companies cannot be the sole responsibility of the state."
High Costs and Disputes
According to a general agreement signed in 1998 between Thuringia and the Treuhand successor, the Federal Agency for Special Unification-related Tasks, the federal government had settled its financing obligations in a lump sum. Since then, it has refused to make further payments, despite the actual renovation costs far surpassing the costs forecast at the time and the contract's basis - around 675 million euros. The amount currently stands at around 750 million euros. The main issue here is the payments made by Thuringia to the potash group K+S (Kassel) for securing disused potash pits in Thuringia.
The Federal Constitutional Court deemed both Thuringia and Saxony's applications as insufficient. They had not demonstrated sufficient proof to demonstrate their right to submit applications claiming a constitutional obligation from the Federal Republic of Germany to cover future environmental pollution cleanup costs.
Insights
- GDR (German Democratic Republic) potash mining has left significant environmental damage and financial burdens on states like Thuringia and Saxony.
- The financing dispute between Thuringia and the federal government over environmental clean-up costs involves historical responsibility, division of responsibilities, and environmental liability principles.
- Potential solutions include joint responsibility, federal funding, state-specific funding mechanisms, international cooperation, and legal framework revision.
- Negotiation, expert assessment, and public-private partnerships can also play essential roles in addressing these environmental clean-up costs.
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