Monika Böhm

Zeitschrift für Europäisches Umwelt- und Planungsrecht, Volume 17 (2019), Issue 3, Page 312 - 321

The municipalities often have to contend with environmental problems they have not created themselves. This applies in particular to individual traffic and waste disposal. The article raises the question of the extent to which local authorities have regulatory powers to counter this. A decision by the Federal Constitutional Court in 1998 on municipal packaging taxes set requirements in this respect, which, at the time, quite narrowly limited municipal regulations. In the meantime, however, the framework conditions have changed, which also has effects on the municipal scope of action. In particular, the requirements of European Union law could set a new process in motion here.

Ulrich Ellinghaus

Zeitschrift für Europäisches Umwelt- und Planungsrecht, Volume 17 (2019), Issue 3, Page 306 - 311

According to the Hessian constitution, the natural living conditions enjoy the protection of the state and the municipalities. What does this mean in practice? What have municipalities done in the past to protect the natural living conditions in their respective territories? The essay “When communities are planning: Environmental protection by or against municipalities?” briefly outlines the history of environmental law in Germany and the – quite limited – role of communities, in particular when it comes to zoning and regional development. The author asks whether this is beneficial or detrimental for the environment, considering the large amounts of land loss for development purposes that take place each year. He mentions other fields where communities can play a helpful role in environmental protection and identifies communities as natural guardians of the forests which they own as well as in nature conservation and landscape management in their respective jurisdictions. In order to become the protectors of natural living conditions which the Hessian constitution expects municipalities to be, most of them will have to significantly step up their efforts to avoid further land use, acknowledge the important role of environmental protection in their daily business and rethink forest management.

Thomas Groß

Zeitschrift für Europäisches Umwelt- und Planungsrecht, Volume 17 (2019), Issue 3, Page 353 - 363

The scientific evidence on climate change is overwhelming, but the measures on the national, European and global level to reduce emissions are insufficient. Therefore in many countries courts are approached in order to enforce the duties of governments to take action. The article gives an overview on case law in Europe and discusses some of the legal problems concerning positive obligations derived from human rights.

Elisabeth Buchberger

Zeitschrift für Europäisches Umwelt- und Planungsrecht, Volume 17 (2019), Issue 3, Page 377 - 386

The idea of rights to institute legal proceedings given to environmental protection organisations challenges the idea of protection of individual rights given only to an individual and not to an organisation. It is therefore not surprising that Germany in the past was not very willing to guarantee rights to institute legal proceedings to organisations protecting nature and environment. The German legislator only created such rights because of European and public international law provisions and the jurisdiction of the ECJ and has further developed this right in recent years. This article presents the main features of this development.

Kristina Schönfeldt

Zeitschrift für Europäisches Umwelt- und Planungsrecht, Volume 15 (2017), Issue 3, Page 206 - 223

The pristine Arctic is an increasingly important region facing major challenges caused not only by the effects of climate change, but also by a growing interest in its living and non-living resources, its attraction as a new destination for tourism, and as a route for navigation. In particular the increase of commercial shipping leads to significant positive economic prospects but, at the same time, carries considerable risks for the fragile Arctic environment and the well-being of the local population, including indigenous people. By taking the example of the International Code for Ships Operating in Polar Waters, which was recently concluded under the auspices of the International Maritime Organization, it will be shown how instruments of international law are necessary and adequate to ensure that all those engaged in shipping and maritime transportation in the Arctic comply with strict standards of safety and environmental protection. In addition, remaining regulatory gaps will be revealed and possible solutions will be addressed.