Court stops A26-East: Climate protection beats planning criticism!

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The Federal Administrative Court has declared the A26-Ost in Hamburg partially illegal, and climate protection aspects must be given greater consideration.

Das Bundesverwaltungsgericht hat die A26-Ost in Hamburg teilweise für rechtswidrig erklärt, Klimaschutzaspekte müssen stärker berücksichtigt werden.
The Federal Administrative Court has declared the A26-Ost in Hamburg partially illegal, and climate protection aspects must be given greater consideration.

Court stops A26-East: Climate protection beats planning criticism!

Bitter pill for the highway planners: This Federal Administrative Court has classified the plans for the new construction of the A26 East in the port of Hamburg as partially illegal. At the heart of the judgment is the insufficient consideration of climate protection. The court found that the planning approval decision for the first section urgently needs to be improved.

The decision is no coincidence: lawsuits from nature conservation associations such as Nabu and BUND were seen as partially successful, especially with regard to the route chosen. The planners opted for the South 1 variant, which takes up a whopping 18.5 hectares of valuable moorland. This decision was sharply criticized because alternative routes were not sufficiently examined from a climatic point of view. The South 2 variant preferred by environmentalists could not only enable shorter and cheaper routes, but would also not put any strain on fen soil.

Lack of consideration of climate concerns

Particularly striking: This is the first time that climate protection concerns played a central role in a highway lawsuit. Considering the fact that over 150 hectares of natural area are to be sacrificed for the construction of the A26 East, the court makes it clear that such a project is extremely harmful to the climate. In particular, the high CO2 emissions generated during concrete production caused additional concerns among environmentalists. More than 750 tree fellings are planned, which threaten habitats for protected species such as the lesser spotted woodpecker and moor frog.

The A26 East should extend the existing A26 West from Lower Saxony and create a connection to the A1. With an estimated cost of 2.3 billion euros, this project is one of the most expensive motorway projects in Germany. Despite all concerns about the environmental consequences, the Hamburg Industrial Association expressed skepticism and described the verdict as bad news for Hamburg's industry. The economic authority also emphasized that the planning approval decision remains in place, but adjustments are necessary.

The way forward: climate protection in the transport sector

At a political level, the ruling means that climate protection must play an increasingly central role in transport planning. That's how it lays Federal Climate Protection Act states that greenhouse gas emissions should fall by 65 percent by 2030 and by 88 percent by 2040 compared to 1990. The federal government is pursuing ambitious goals to make Germany climate neutral by 2045.

However, the transport sector does not escape the challenges. This sector currently accounts for around 20 percent of greenhouse gas emissions. In order to cope with this, a shift from transport to rail and inland waterway transport is required, supported by the expansion of local public transport. There should also be measures to reduce emissions for mobility in passenger transport. This includes, among other things, expanding the charging infrastructure for electric cars and promoting climate-friendly drives for commercial vehicles.

The ruling could not only influence the fate of the A26 East, but also have far-reaching consequences for future motorway projects in Germany. Environmental protection and sustainable mobility – these are increasingly becoming the core of transport planning, and the court has sent an impressive signal.

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