Hamburg – On 25 April 2024, Germany’s Federal Administrative Court dismissed the lawsuits brought by environmental groups Deutsche Umwelthilfe (DUH) and NABU against the planning approval granted by Stralsund Department of Mining on 21 August 2023 for the construction and operation of the first marine section of the Baltic Connector Pipeline (Ostsee Anbindungsleitung – OAL).
A CMS team headed by Dr Christiane Kappes and Dr Neele Christiansen represented the proponent, GASCADE Gastransport GmbH (GASCADE), as summoned party in the proceedings before the Federal Administrative Court. GASCADE operates a natural gas pipeline system in Germany with a total length of around 3,700 kilometres. The team previously advised GASCADE on all aspects of the planning approval procedure for the OAL.
At around 50 kilometres long, the OAL offshore pipeline connects the LNG terminal planned by Deutsche ReGas (Floating Storage and Regasification Unit – FSRU) for Mukran on the island of Rügen to the existing long-distance gas grid in Lubmin. This LNG project is set to feed at least ten billion cubic metres of natural gas a year from the OAL into the German gas grid, replacing some of the previous gas imports from Russia and making a significant contribution to energy security.
The Federal Administrative Court rejected all the claimants’ objections to the legality of the planning approval. Realising the OAL as quickly as possible serves the key purpose of ensuring a secure and diversified gas supply in Germany. Overriding public interest and the need for public security make the project essential. Fast-tracking its approval is an appropriate way to deal with the continuing gas supply crisis resulting from suspension of Russian gas supplies and destruction of the Nord Stream pipeline. Under the facilitation provisions of the LNG Facilitation Act (LNG-Beschleunigungsgesetz – LNGG), no environmental impact assessment was therefore required for the OAL. The project is also compatible with current law on the protection of nature and wildlife. No issues were found with the environmental assessment of temporary loss of function for reefs protected by law or the review of the construction-related impact on marine mammals and birds on rest stops. The Court held that the planning resolution had also given adequate consideration to the project’s impact on the global climate.
The Federal Administrative Court has thus confirmed its previous urgent decisions in which it dismissed several fast-track actions brought by environmental groups DUH and NABU in recent months (BVerwG 7 VR 4.23, 7 VR 6.23, 7 VR 1.24, 7 VR 2.24).
The Federal Administrative Court’s case references are 7 A 9.23 and 7 A 11.23.
CMS Germany
Dr Christiane Kappes, Partner
Dr Neele Christiansen, Partner
Sebastian Belz, Counsel
Knut Göring-Tisch, Associate
Dr Lisa Rueß, Associate, all Real Estate & Public
Press Contact
presse@cms-hs.com
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