Datteln 4's Legal Battle Takes a Turn in German Courts
After a lengthy legal saga, opponents of the Datteln 4 power plant have suffered a setback in Germany's highest administrative court. Last Thursday, the Federal Administrative Court in Leipzig reversed rulings from the Higher Administrative Court in Münster that previously declared the development plan for the coal-fired power plant invalid.
The senate of the Federal Administrative Court deemed that the Higher Administrative Court had acted upon legally unsound considerations in 2021 when they invalidated the development plan. Now, the Higher Administrative Court is required to reconsider its decision.
A Decade-Long Dispute
The power plant's construction has been a subject of controversy for many years. Initially, a plan was declared invalid in 2009 due to its misalignment with regional planning. Environmental association BUND, the town of Waltrop, and several local residents took legal action against a new plan, primarily citing location errors. Following a ruling from the Higher Administrative Court, appeals from the town of Datteln and power plant operator Uniper were eventually heard by the Federal Administrative Court.
Uniper Welcomes Decision
In response to the ruling, Uniper expressed satisfaction with the Federal Administrative Court's decision, explaining that it confirmed their legal stance on the matter.
Errors in Regional Planning Questions
The Higher Administrative Court of North Rhine-Westphalia allegedly incorrectly assumed that errors in regional planning had influenced the urban land-use planning of Datteln, as stated by the Federal Administrative Court. It was determined that the limited search for a site to the Emscher-Lippe region and the choice of location criteria in the environmental assessment did not constitute flaws.
Controversial Power Plant
The Datteln 4 hard coal-fired power plant started operation in 2020, despite frequent protests and delays. Its completion marked the last coal-fired power plant built in Germany, boasting a capacity of 1100 megawatts. Around a third of the electricity generated in Datteln is supplied to Deutsche Bahn, while the remainder is sold on the market, and the facility also provides heating to the town of Datteln.
Legal Proceedings Over Operating License
Ongoing legal disputes also surround Datteln 4's operating license, with proceedings at OVG Münster currently paused, according to a spokesperson. The ruling in Leipzig on the development plan's validity is required before a conclusion is reached on the operating permit.
Sources
- "Datteln 4"
- "Power Plant Datteln 4"
- "Datteln 4: Suedwestdeutsches Wasser- und Schifffahrtsamt stellt Genehmigung fest"
- "Uniper Präsident Underriner: Datteln 4 erlaubt"
