Deadline issued: BW administration faces potential legal action over climate inaction by environmental advocacy group
Baden-Württemberg Faces Legal Push for Enhanced Climate Protection Measures
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The German Environmental Aid (DUH) is planning to legally compel the Baden-Württemberg government to take more aggressive action against climate change. The state is falling short of its self-imposed 2030 climate targets, a critique leveled by Jürgen Resch, the federal director of the Environmental Aid.
The Baden-Württemberg Climate Protection Act allows for an immediate program, but the Green-Black government, under Minister President Winfried Kretschmann (Greens), has yet to implement one. Here’s a summary of the key points:
- Absent Immediate Climate Protection Plan
- Lawsuit Potentially Boosts Momentum for Environment Minister Walker
- Environmental Association Requests 30 km/h Speed Limit in Urban Areas
- Ambitious Goal: Baden-Württemberg as the Country’s leading Climate Protection State
- Transport, Buildings, Energy, and Agriculture Pose Challenges
- What Constitutes a 'Significant Goal Shortfall'
- DUH Successful with Climate Lawsuit Against Baden-Württemberg
- Sluggish Transition to Electric Cars and Rail
- Fridays for Future Calls on Kretschmann and Colleagues
Absent Immediate Climate Protection Plan
DUH has given the Minister President Kretschmann ten days to pass a climate protection immediate program. Otherwise, the organization plans to proceed with a climate lawsuit. DUH previously secured a similar victory at the Administrative Court of Baden-Württemberg in 2022.
It seems unlikely that Green-Black will deliver an immediate package by June 8. Since August, the Greens and CDU have been at odds over further climate protection measures. The CDU side is reportedly skeptical about Baden-Württemberg actually heading towards a “significant goal shortfall,” which would trigger such an immediate program. CDU officials also argue that it is mainly the Transport Ministry—headed by Minister Winfried Hermann (Greens)—that emits the most greenhouse gases.
Lawsuit Could Bolster Momentum for Environment Minister Walker
However, there is another motive for the coalition not wanting to pass a large immediate climate protection package. The budget for the years 2025/2026 has already been decided, leaving no extra funds for immediate measures. Nevertheless, a lawsuit could provide momentum for Environment Minister Thekla Walker (Greens), who has been advocating for additional climate protection measures for months.
The greens hope for financial support from the federal special fund, which is expected to disburse 100 billion euros into the Climate and Transformation Fund. Additionally, the lawsuit may increase pressure on the CDU to reaffirm its commitment to climate protection, nine months before the state election, from the greens' perspective.
Environmental Association Calls for 30 km/h Speed Limit in Urban Areas
DUH criticized the expected shortfall in transport-sector goals by 2030. Resch urged the state government to take swift action, such as implementing a nationwide 100 km/h speed limit on motorways and 80 km/h on federal and state roads, and reducing speed limits to 30 km/h in urban areas.
Moreover, DUH considers the retention of the Stuttgart Main Railway Station, in addition to the commissioning of S21, necessary to prevent long-term interruptions in all rail traffic from Stuttgart via Gäubahn to Singen, Zurich, and Milan. The organization also calls for increased funding for energy-efficient school and kindergarten renovations.
Aiming High: Baden-Württemberg as the Nation's Leading Climate Protection State
The green-black coalition set the goal in the 2021 coalition agreement of making Baden-Württemberg the leading climate protection state in Germany. Consequently, the state aims to become climate-neutral in net terms by 2040—five years ahead of the federal government and ten years before the EU. The intermediate goal in Baden-Württemberg is a reduction of greenhouse gas emissions by at least 65% compared to 1990 in just five years.
Challenges in Transport, Buildings, Energy, and Agriculture
However, leading research institutions forecasted in the summer of 2024 that only a reduction of 53% would be achieved by 2030. Rapid progress in the sectors of transport, buildings, energy, and agriculture is falling short of expectations. “The targeted net greenhouse gas neutrality will not be achieved with the current instruments,” the scientists wrote in the study for the BW Ministry of the Environment.
What Constitutes a 'Significant Goal Shortfall'
Late in September, the Climate Expert Council, appointed by the state government, stated that a “significant shortfall in targets” was imminent. The exact definition of a "significant shortfall in targets” in the Baden-Württemberg Climate Protection Act is not explicitly stated, but it generally refers to a substantial deviation from the established climate protection targets in the act.
Lawyer Remo Klinger, who represents DUH, believes it is crucial to adhere to climate protection measures to protect future generations.
DUH Successful with Climate Lawsuit Against Baden-Württemberg
DUH was victorious with a climate lawsuit against the state of Baden-Württemberg in November 2022. The Higher Administrative Court of Baden-Württemberg determined the state violated the Climate Protection Act and ordered it to adopt the integrated energy and climate protection concept provided for in the law. However, the new green-black government intends to replace the integrated energy and climate protection concept with a new, publicly accessible climate action register.
Key Findings:
- The transport sector, responsible for nearly a third of greenhouse gases in Baden-Württemberg, looks unlikely to meet the projected reduction of CO2 emissions by 2030, falling far short of the required 55%.
- The goal of having half of the cars on Baden-Württemberg roads be climate-neutral by 2030 also looks unattainable, given that only 3.7% of the passenger car fleet consisted of electric cars as of October 1, 2024.
- The state government's failure to implement an immediate climate protection program and keep up with the required pace of change may be a result of ongoing disagreements between the ruling coalition and opposition parties over the necessary measures.
- Fridays for Future, an environmental organization, has called on Kretschmann to quickly take further climate protection measures, claiming that the state government's inaction would not only damage its credibility but also put the lives of future generations at risk.
[1] Enrichment Data: A "significant shortfall in targets" generally refers to a considerable failure to meet legally set climate protection targets, such as emission reduction goals or timelines established by the act. In the context of Baden-Württemberg's climate legislation, this would likely mean that if the set climate targets—such as greenhouse gas reductions aligned with the Paris Agreement goals or the state's climate neutral target by 2035—are not achieved to a marked degree, this would constitute a significant shortfall. Such a shortfall might trigger legal or policy measures to intensify climate action or revise strategies accordingly. However, the exact wording or official definition needs to be provided by the Baden-Württemberg Climate Protection Act text or official commentary on it.
- The science of climate change and environmental science are essential in the ongoing debate about climate protection measures in Baden-Württemberg, as research institutions are highlighting the challenges in sectors like transport, buildings, energy, and agriculture.
- Policy and legislation play a crucial role, as the DUH's legal push could influence the state's climate policies, potentially boosting momentum for Environment Minister Walker and increasing pressure on the CDU to reaffirm its commitment to climate protection.
- General news outlets report on the ongoing discussions and potential developments, such as the DUH's call for a 30 km/h speed limit in urban areas, as part of the wider push for more aggressive climate protection measures in Baden-Württemberg.
