Concept and Purpose of the Environmental Legal Remedies Act
Das Environmental Legal Remedies Act (UmwRG) is a German federal law that regulates access to courts in environmental matters. It serves to implement European legal requirements, in particular Directive 2011/92/EU (EIA Directive) as well as the so-called Aarhus Convention, which governs access to information, public participation, and access to justice in environmental matters.
The Act ensures that affected natural and legal persons, as well as recognized environmental associations, have effective legal remedies to challenge environmental law decisions and emission-related projects. Its aim is to contribute to the protection of the environment and to the rule of law in administration and the judiciary.
Historical Development
Legislative Background
The Environmental Legal Remedies Act was introduced for the first time with effect from December 15, 2006. Its introduction was necessary in order to fulfill the obligations arising from the Aarhus Convention, which was signed by Germany in 1998 and ratified in 2007, as well as from the requirements of the European EIA Directive. Previously, there were significant restrictions on access to administrative courts, especially for environmental associations, as these were usually only entitled to bring actions if they asserted their own rights.
Amendments
Since its entry into force, the UmwRG has undergone several amendments. Significant changes have resulted from judgments by the European Court of Justice (ECJ), the Federal Administrative Court, and the Federal Constitutional Court, which have clarified the interpretation and scope of environmental legal protection—particularly under Aarhus—and have promoted the expansion of standing for environmental associations.
Scope of Application of the Environmental Legal Remedies Act
The UmwRG regulates the admissibility of certain legal remedies within the context of administrative law disputes concerning environmental projects and plans.
Substantive Scope of Application
The Act applies whenever a legal remedy is sought against decisions, omissions, or administrative acts in connection with:
- the conduct of environmental impact assessments (EIA),
- public participation,
- the approval of industrial facilities and infrastructure projects,
- certain planning and permits under water, emissions control, or nature conservation law
is to be filed.
Personal Scope of Application
The personal scope of application includes:
- recognized environmental associations in accordance with § 3 UmwRG, which fulfill certain requirements (notably pursuit of non-profit aims, minimum duration, and scope of activities),
- natural and legal persons affected in their own rights by environmental decisions,
- the affected public within the meaning of the Aarhus Convention, although for non-recognized associations and individuals, the assertion of their own rights is generally required.
Standing and Procedural Particularities
Types of Actions and Standing
The Environmental Legal Remedies Act allows environmental associations to bring actions against certain official measures or omissions, even if no personal rights in the classical sense are affected (so-called “representative action”). Standing is extended under the UmwRG and allows the filing of actions for annulment and mandamus, in particular in cases of violations of substantive environmental law or participation requirements.
Deadlines and Formal Requirements
Special deadlines apply for asserting a legal remedy. Recognized environmental associations must usually bring an action within one month after notification of the decision, provided they participated in the administrative procedure [or public participation] or assert errors in the participation.
All lawsuits must be brought in writing and are generally to be filed with the administrative courts.
Comprehensive Standard of Review
In actions under the UmwRG, courts review not only infringements of subjective rights but also compliance with objective substantive and formal environmental regulations (“objectification of the standard of review”). This distinguishes the UmwRG from traditional administrative law disputes, which usually relate to infringements of subjective rights.
UmwRG Proceedings in the Context of Environmental Impact Assessments
Integration into EIA Law
The Environmental Legal Remedies Act is closely linked to the Environmental Impact Assessment Act (UVPG). The absence or inadequacy of an EIA can be challenged in court under the UmwRG. This ensures that not only formal, but also substantive errors in environmental administrative decisions can be subject to legal protection.
Participation Rights and Duties to Cooperate
The UmwRG codifies comprehensive participation rights for associations and individuals in advance of decisions in environmental law. A prerequisite for a successful lawsuit under the UmwRG is regularly the exercise of these participation rights, such as submitting a statement during public participation.
Gaps in Legal Protection and Grounds for Exclusion
The Act excludes certain constellations from its scope of application. For example, internal official acts and certain national planning processes—depending on substantive law and the degree of affectedness—are not covered by the UmwRG. Furthermore, actions may be inadmissible if they are obviously abusive or if the facts asserted could already have been raised in earlier proceedings.
Relationship to Other Laws and Legal Sources
Relationship to Substantive Law
The Environmental Legal Remedies Act operates alongside the relevant substantive law (e.g., Federal Immission Control Act, Water Resources Act, Building Code, Nature Conservation Act). A legal remedy under the UmwRG can only be brought if a substantive environmental provision or a participation provision has been violated.
European Law and International References
The UmwRG implements requirements from European Union law and the Aarhus Convention. In particular, it specifies legal standing rights arising from the Aarhus Convention, as well as the legal requirements of the European Court of Justice regarding effective judicial review of environmental decision-making processes.
Case Law on the Interpretation and Application of the UmwRG
Major courts, such as the European Court of Justice and the Federal Administrative Court, have repeatedly made fundamental decisions on the applicability of the Act, on standing for environmental associations, and on the scope of judicial review.
Key findings include:
- The representative action is not limited to infringements of one’s own rights.
- Procedural errors in environmental impact assessment are reviewable by the courts even if they do not affect individual rights.
- Disregard of participation rights or other substantive provisions regularly gives rise to a right of action for associations.
Significance of the Environmental Legal Remedies Act for Environmental Protection
The UmwRG constitutes a key instrument for the realization of effective legal protection in environmental matters. It ensures that not only government authorities, but also recognized environmental associations and affected persons can assert the observance of environmental rights and regulations in administrative proceedings. This contributes to the strengthening of environmental protection, transparency of public action, and improvement of democratic oversight.
Literature and Further Provisions
- Environmental Legal Remedies Act (UmwRG) – Current Version
- Federal Immission Control Act (BImSchG)
- Environmental Impact Assessment Act (UVPG)
- Nature Conservation Act (BNatSchG)
- Water Resources Act (WHG)
- Directive 2011/92/EU on Environmental Impact Assessment
- Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention)
Notice: This article provides an overview of the regulations of the Environmental Legal Remedies Act and does not claim to be exhaustive. In individual cases, it is advisable to consult the full text of the law and, where appropriate, relevant case law.
Frequently Asked Questions
Who has standing under the Environmental Legal Remedies Act (UmwRG)?
The Environmental Legal Remedies Act (UmwRG) distinguishes between natural and legal persons when it comes to standing. In particular, environmental associations recognized under § 3 UmwRG can bring actions provided they were involved in the administrative procedure or should have been involved. The so-called “representative action” thus expands standing beyond individual affectation to cover the “public interest” in environmental protection. Recognized associations must be able to demonstrate that they are non-profit, active nationwide, and specifically dedicated to environmental protection in accordance with their statutes. For natural persons, the requirement of being “affected in one’s own rights” according to § 42(2) VwGO generally applies; however, the UmwRG also allows for actions by neighbors if environmental rights arising from EU directives are affected. Thus, the UmwRG significantly facilitates access to administrative courts in environmental law and strengthens effective legal protection.
Which acts and measures can be challenged under the UmwRG?
The UmwRG applies to acts and measures based on environmental legal provisions of federal or state law and subject to public participation. In particular, approval decisions, planning permits, plan approval decisions, and other official decisions with environmental impact may be challenged in court, including omission of measures (e.g., failure to conduct an environmental impact assessment). Crucial is that the relevant decisions or omissions have a significant impact on environmental protection and the affected legal provision is based on European or federal German environmental law. Furthermore, the scope also extends to certain violations benefiting the protection of nature, species, and water bodies.
To what extent does the court review the challenged decision in actions under the UmwRG?
Within the scope of the UmwRG, by contrast to a restriction to violations of subjective public rights, courts—particularly for environmental associations—carry out an “objective-legal” review. The court determines whether the challenged decision infringes provisions of environmental law that serve environmental protection. Both proper public participation and the substantive legality of the decision in light of relevant European requirements (e.g., EIA Directive, Habitats Directive) are decisive. Even formal errors, such as omissions in public participation or environmental impact assessment, as a rule, lead to the annulment of the act. Due to the Aarhus Convention, the scope of review is to be interpreted broadly and also covers procedural rights under EU law.
What time limits apply for actions under the UmwRG?
The general administrative procedural deadlines apply to actions under § 7 UmwRG, in particular the one-month limitation period according to § 74 VwGO, starting from the notification of the decision. It is also decisive whether the original procedure included a proper notice identifying available legal remedies. For representative actions under the UmwRG, an action must be brought within one month of publication of the decision or plan. For certain planning processes—especially those requiring an EIA—a longer period of up to six weeks may apply where this is stipulated by special laws, such as in nature conservation law.
Can the UmwRG also be applied to state regulations?
Yes, according to § 1(1) and (2) UmwRG, the Environmental Legal Remedies Act also applies to state environmental provisions, provided these offer a form of public participation and the underlying rules fall under environmental law within the meaning of the relevant EU directives. This includes, in particular, state laws on landscape, nature, and water protection and other environmental planning laws enacted by the states. Inclusion of state law within the scope of the UmwRG ensures the implementation of EU requirements—notably the Aarhus Convention—at all administrative levels in Germany.
How does a successful action under the UmwRG affect ongoing or completed measures?
If an action under the UmwRG is successful, the court may generally annul the challenged decision (§ 113(1) VwGO). The suspensive effect of the action can—unless excluded by law—be ordered by way of interim legal protection under § 80(5) VwGO (or § 47(6) VwGO in the case of abstract judicial review proceedings). Thus, in cases of serious errors, such as failure to conduct an EIA or serious procedural defects, unlawfulness is ascertained and the project can be halted or reversed. This may significantly affect even completed measures, if restoration or exercise of participation rights is not possible. Authorities must then repeat the procedure in compliance with the court’s instructions.
What role does the Aarhus Convention play in the context of the Environmental Legal Remedies Act?
The Aarhus Convention is the basis in international law for many provisions of the UmwRG. It obliges member states to ensure comprehensive public participation in environmental decision-making processes and effective access to courts in environmental law. The UmwRG implements these requirements in national law and, for example, considerably expands the rights of environmental associations to take legal action in order to secure adherence to and enforcement of environmental law. Guaranteeing effective legal protection—both during and beyond the procedure—is therefore a core objective of the UmwRG and crucial for achieving the aims of the Aarhus Convention in Germany.
