Environmental Law / Associational Claims

“Attorneys for the environment”: 50 environmental associations now recognised for associational claims

Since December 2006 environmental associations recognised by UBA can take legal action against official authorisation of activities such as the construction of industrial or waste incineration facilities. The Environmental Appeals Act provides the legal basis for this. In July 2009 UBA recognised the 50th environmental association. This is good news as the right of appeal will counteract shortcomings in the execution of environmental law, according to UBA Vice President Dr. Thomas Holzmann.

• press release
• more on associational claims and recognition by UBA
• list of recognised environmental associations (PDF / 74 KB)

Legal Aspects of User Charges on Global Environmental Goods

Global environmental goods such as airspace and the oceans can be used by anyone, with virtually no restrictions and free of charge. The growth in aviation and shipping is causing a substantial rise in environmental impacts. In order to counteract this development, user charges should be introduced. Conceivable options include ticket fees and port fees, for example. How can such user charges be designed within the framework of international, European and national law? The study “Legal Aspects of User Charges on Global Environmental Goods”, commissioned by the Federal Environment Agency, presents concrete proposals.

• get study

Climate protection: Encouraging rehabilitation of buildings through a favourable legal framework

Existing buildings harbour vast opportunities for reducing CO₂ emissions. Yet, these often remain unexploited because energy-saving modernisation is carried out not often and ambitiously enough. A study just published by UBA shows how the legal framework can encourage development towards more energy-efficient buildings.

• study (in German, summary in German and English)

Now available in English: Border tax adjustments – implementation options and WTO law

The report on the WTO admissibility of border tax adjustments which was published by UBA in 2008 is now also available in English. Climate protection measures engender additional costs for EU-made products to which goods manufactured outside the EU are not subject. Border tax adjustments could offset these additional burdens and create a level playing field. Such border tax adjustments are admissible under WTO regulations.

• report in English
• report in German

Individual laws put on track instead of Environmental Code

On 11 March, the Federal Cabinet decided to pass four new environmental laws – mainly in the areas of water and nature conservation – into the parliamentary process.UBA welcomes the fact that with these laws, at least parts of the German Federal Environment Ministry’s draft Environmental Code have been put on track. Not included is the integrated project authorisation, one of the centrepieces of the draft Environmental Code. The possibilities this new permitting law would offer for simplifying existing law thus remain unexploited.

• more information