Title: The Datteln 4 Power Plant: A Legal Battle in North Rhine-Westphalia
The ongoing saga of the Datteln 4 coal-fired power plant in North Rhine-Westphalia has reached the Federal Administrative Court in Leipzig. Environmental association BUND, the town of Waltrop, and several local residents have put forth complaints, challenging the legality of the development plan. The court is set to announce its decision on this matter on Thursday at 1 p.m. (Ref.: BVerwG 4 CN 4.22 - 4 CN 6.22).
The Long-Lasting Controversy
The Datteln 4 power plant has stirred controversy for years. An initial development plan was ruled invalid in 2009 due to misalignment with regional planning. The refined plan also faced rejection by the North Rhine-Westphalian Higher Administrative Court in Münster in 2021. The court deemed mistakes in the selection of the location and invalidated the plan. As a result, both the city of Datteln and power plant operator Uniper have lodged appeals against this ruling.
The Choice of Location
At the hearing in Leipzig, the city and Uniper seek to overturn the Higher Administrative Court's verdict and dismiss their appeals. Lawyers for both parties argue that the court placed undue pressure on the planning process. Among other concerns, they criticize the Higher Administrative Court's assessment of the selection of the location. The court had determined that alternative sites should have been considered at the regional planning stage but had been unjustifiably narrowed down to the Emscher-Lippe region. Consequently, the city of Datteln inadvertently perpetuated the misguided regional planning framework.
A Controversial Power Source
The Datteln 4 coal-fired power plant began operation in 2020, prompting protests throughout the commissioning process. A third of the generated electricity is supplied to Deutsche Bahn, with the remaining portion sold on the electricity market, and the plant also provides district heating to Datteln.
Consequences of the Ruling
Should the Federal Administrative Court deem the development plan invalid, this would not necessarily impact immediate operations, given an emissions control permit from 2017. Challenges to the permit are pending at the North Rhine-Westphalian Higher Administrative Court, with proceedings temporarily halted, according to a court spokesperson. The validity of the development plan will determine any subsequent decisions on the operating permit.
In conclusion, the Federal Administrative Court's decision in Leipzig is set to affect the future of the Datteln 4 coal-fired power plant in North Rhine-Westphalia. Regardless of the ruling's outcome, the power plant's legal struggles continue at both the Federal Administrative Court and the North Rhine-Westphalian Higher Administrative Court.
