Planned Mining Violates the Constitutional Climate Protection Law

Bautzen/Rohne, December 2, 2024. Today, a lawsuit was filed with the Higher Administrative Court of Bautzen against the expropriation of a privately-owned forest for the Nochten lignite mine. In the coming months, the court will have to decide whether the forest area may be destroyed as planned by the coal company LEAG on January 1, 2026.

“Expropriation is only permissible for fully lawful projects. The court will need to determine whether the numerous damages caused by the Nochten mine are genuinely necessary for the public good. There are significant doubts about this on several legal grounds. For instance, burning the planned coal amount is incompatible with the constitutional mandate for climate protection,” said attorney Dr. Philipp Schulte, who represents the landowners in court.

Environmental Group will remain there with several events

“As tenants of the forest, we support the lawsuit filed by the private owners. We will remain present on-site with events at least until the end of 2025, and for significantly longer in the event of a court victory,” said René Schuster of the Cottbus environmental group.

The owners expressed their gratitude for the numerous donations contributed in recent weeks through a public fundraising campaign that made the lawsuit possible.

The Saxon Mining Authority ordered the land transfer and early possession on October 30. A detailed statement of reasons for the lawsuit filed today will be prepared in the coming weeks. (Note: In response to initial media questions about whether there is one or multiple owners: The environmental group refers to the entire family in its statements, while LEAG and authorities recognize only the single individual listed in the land registry.)