ID: 2197
Presenting Author: Gesa Geißler
Session: 539 - EIA Litigation Around the World
Status: pending
The presentation explores how German courts, laws, and NGOs shape Environmental Assessment enforcement through access-to-justice mechanisms and evolving EIA/SEA litigation practice.
This presentation examines EIA and SEA litigation in Germany, highlighting the legal framework, access-to-justice mechanisms, and evolving judicial practice. Germany’s EIA and SEA systems are primarily governed by the Environmental Impact Assessment Act, implementing the EU EIA and SEA Directives, and complemented by sectoral planning laws. Judicial review plays a central role in ensuring compliance with procedural and substantive assessment requirements, serving as a key mechanism for environmental governance and public accountability. The Environmental Appeals Act, adopted in response to the Aarhus Convention, has significantly expanded legal standing for environmental NGOs, enabling them to challenge administrative decisions that fail to meet EIA or SEA obligations. German courts have developed a sophisticated jurisprudence on issues such as the adequacy of environmental reports, public participation, alternatives assessment, and the consequences of procedural errors. Remedies in successful cases can include annulment or suspension of permits, as well as orders requiring supplementary assessments or renewed public consultations. Recent case law also reflects growing attention to climate considerations and the influence of EU and Aarhus-related jurisprudence on national practice. By tracing these developments, the presentation provides insight into how litigation functions as an enforcement tool within the German EA system, how it shapes administrative decision-making and environmental protection in practice and how it is regarded within the discourse on streamlining.
Gesa Geißler holds the chair of Environmental Assessments at TU Berlin researching and teaching EA with a focus on the socio-environmental implications of energy transitions.