Berlin city-state's administrative court on Thursday dismissed a claim by farmers — backed by the environmental group Greenpeace — that the government was violating their rights by lowering greenhouse gas emissions at a rate slower than promised.

The court said the federal cabinet's political commitments were not binding in the way that the group asserted, adding that the government had room to maneuver in deciding how to meet its obligation to protect property and livelihoods from climate change, and affects such as rising sea levels.

Read more: German farmers sue government over climate change failures

The three organic farming families has cited harvest losses due to drought in 2018 and apples scorched and left black amid soaring temperatures, arguing that a 2014 cabinet decision on climate was a legally binding act.

The Berlin court, however, stated: "The plaintiffs lacked a legal basis for their complaint."

Appeal possible

The court left open an appeal option, should the claimants decide to take their case to a higher regional court.

The lack of legal grounds, the court ruled, did not entitle the claimants to seek extra action from the government, even though German climate goals set in 2014 would not be fulfilled by next year.

Instead of a 40% cut in carbon-dioxide emissions by 2020, 33% is estimated — in comparison to Germany's CO2 emissions in 1990.

'Legally enforceable,' says Greenpeace

Greenpeace lawyer Roda Verheyen said the Berlin court in its ruling had, however, "fundamentally agreed" that climate protection was legally enforceable.

"The matter at issue is not purely political room to maneuver," insisted Verheyen.

The government, represented in court by the federal Environment Ministry, had argued the farmer's lawsuit overlooked democracy's separation of powers.

Germany's Bundestag parliament last week began debate on Cabinet's draft climate protection legislation aimed at a 55% cut in CO2 emissions by 2030 but widely criticized as containing inadequate measures.

'Testimony to incompetence'

Matthias Miersch, a Social Democrat parliamentarian in Germany's coalition government headed by Chancellor Angela Merkel, said Thursday's court case dismissal still made it clear "which responsibility government and parliament bears."

Opposition Greens party climate spokesperson Lisa Badum described the Berlin court outcome as a "testimony to incompetence."

"When in the future on our fields we can't grow enough foodstuffs, then we'll know which government we'll be able to thank," said Badum sarcastically.

Germany's growing climate movement demanding action Striking for the future "Why study, if our future is being destroyed?" This sign features a sentiment shared by increasing numbers of German students, who have joined young people worldwide in using Friday school strikes to call for action on climate change. The movement was inspired by 16-year-old Swedish activist Greta Thunberg, who began her protests alone in front of the Swedish parliament in August 2018.

Germany's growing climate movement demanding action No time to wait With the 2015 Paris climate accord, nearly all of the world's countries committed to limiting global warming to well below 2 degrees Celsius, preferably 1.5 degrees (2.7 degrees Fahrenheit), by 2100. The hope is that this target will prevent the worst effects of climate disasters. Concerned by the dire predictions from climate scientists, more and more people have called for immediate action.

Germany's growing climate movement demanding action Youth pressure Despite urgent warnings, politicians have dragged their heels on important climate decisions. It's become clear that Germany will miss its targets for 2020. Climate protection was an important factor in the European elections in late May, with the Greens winning more than 20% of the vote in Germany alone, more than double previous results. Among 18-24-year-olds, 34% backed the party.

Germany's growing climate movement demanding action Coal struggle in Hambach Germany's climate movement is fighting on many fronts. In recent years, activists have fought to preserve Hambach Forest in the western state of North Rhine-Westphalia, building treehouses to prevent the old-growth forest from being felled to make way for the mining of lignite, or brown coal. Energy giant RWE has launched legal action, and police have cleared the camp several times.

Germany's growing climate movement demanding action Victory, for now In September 2018, a few days after the camp was removed again, a court ruling suspended the clearing of the forest until late 2020, after a lawsuit by environmental group BUND. RWE has argued that the forest has to be cut in order to ensure the coal necessary for Germany's electricity supply. Around 50,000 activists celebrated the victory.

Germany's growing climate movement demanding action Making headlines Protests organized by groups such as Ende Gelände have increasingly been making headlines. Thousands of young activists have come out to staged events, blocking railway tracks used to deliver coal to power plants near Cologne and occupying huge coal excavators, as seen here in the open-pit mine in the east German town of Welzow in 2016.

Germany's growing climate movement demanding action 20 more years? In January 2019, after seven months of negotiations, a coal commission set up by the federal government to work out Germany's plans to phase out coal power released its findings. It recommended that Germany should continue coal mining until 2038, at the latest —far too late for the country to meet the targets of the 2015 Paris climate accord.

Germany's growing climate movement demanding action No confidence in politics An increasing number of young people in Germany are demanding that the government find a way to meet the 1.5-degree target. The emerging Fridays for Future movement has been getting support from longtime environmentalists, teachers, academics and parents. They have called for all German coal-fired power plants to be shut down by 2030, and for renewable energy initiatives to be vastly expanded. Author: Gero Rueter



ipj/rc (AFP, dpa,)