taz: Mr. Resch, the Federal Administrative Court is hearing the lawsuit brought by Deutsche Umwelthilfe against the federal government this Thursday. What is it about?
Jürgen Resch: The federal government had too little German environmental aid Climate protection sued and got justice before the Berlin-Brandenburg Higher Administrative Court. Instead of taking this judgment seriously and more Emissions Robert Habeck of the Alliance Green Party, who was then responsible for economic affairs, appealed: We as an organization have no right to sue for improvements to the government’s climate protection program. The Federal Administrative Court will now clarify in the final instance whether this is the case.
taz: Let’s assume the court agrees with them. What would this mean for climate protection?
In the interview: Jürgen Resch
Jürgen Resch, born in 1960, has been Federal Managing Director of German Environmental Aid (DUH) since 1988.
Resch: Two things: Firstly, it would be clarified once and for all that a government must also adhere to its own laws. The Climate Protection Act specifies minus 65 percent by 2030, but this cannot be achieved with the current political instruments. According to the current projection report, the 2030 climate target will be missed by 25 million tonnes of greenhouse gases, and the 2040 target by as much as 103 million tonnes. The Climate Protection Act prescribes a climate protection program, a toolbox so to speak, in order to actually achieve the climate goal. When the climate protection program was approved, the federal government at the time admitted that the measures were not enough to achieve the climate goals. If the Federal Administrative Court follows our opinion, the government must now immediately decide on additional climate protection measures.
taz: And secondly?
Resch: If the court follows our argument, our right to sue for ambitious and legally compliant climate protection would be significantly strengthened. A central issue in the negotiations is the question of whether a climate protection program and thus the Compliance with climate goals can be controlled by the courts. The federal government denies this, although in our legal opinion the case is clear. But this is a key decision, because it is the first time that a federal court has fundamentally decided on this question. We will of course make use of a strengthened right of action in the event of further violations.
taz: But Habeck and his traffic light government are history!
Resch: We sued the federal government, which was represented by Habeck in climate protection at the time. Now there are other representatives, but still the federal government. She will have to follow the verdict.
taz: Very practically – what effects can the ruling have on politics?
Resch: The federal government is currently developing a new climate protection program that must be approved by March 2026 at the latest. The requirements of a ruling by the Federal Administrative Court would have a direct influence on the design of this program.
taz: Okay, but could the ruling change our everyday lives?
Resch: Expressly yes! For example, through a speed limit on German motorways and in inner-city traffic. The Federal Environment Agency has thankfully calculated that such a measure would save 11 to 12 million tons of greenhouse gases every year. That is around half of the shortfall that is currently missing for the 2030 target.
taz: The administrative court will also decide on a speed limit this Thursday?
Resch: Of course not directly! There is too little climate protection in the transport sector. If the court follows us, the government must act. It could certainly also ban all domestic flights or implement another effective measure, such as driving bans. However, the speed limit would be the easiest, cheapest and quickest to implement.
taz: It’s not just traffic that’s affected?
Resch: No, there are currently too few savings in the building sector and in agriculture; politicians should also introduce new measures there.
taz: Are you expecting a decision from the court this Thursday?
Resch: The chances are fifty-fifty. In similar proceedings, we as environmental aid have had a decision on the same day in the past. But there were also cases where the chamber withdrew for a week to deliberate. I wouldn’t be surprised if that happens this time too: the ruling has enormous significance for the federal government’s climate policy.