Climate lawsuits are becoming more common. Now, for the first time, a German environmental association is filing a constitutional complaint in order to oblige the federal government to take more effective measures against the extinction of species.
The environmental association BUND files a constitutional complaint against the federal government’s nature conservation policy. The association in Berlin announced that the relevant documents had already been received by the judges in Karlsruhe on Tuesday evening. With the complaint, the association wants to force the traffic light government to present a “comprehensive legal concept” to protect biodiversity and to immediately stop the loss of species.
The speed of species extinction and nature destruction is “even more dramatic than the speed of the climate crisis” and yet too little is being done about it, explains the association. According to BUND, this is the first constitutional complaint of its kind in the world. Several individual plaintiffs have also joined, including the well-known actor Hannes Jaenicke and the conservationist Christof Martin.
“The preservation of biodiversity is about nothing less than our livelihoods. However, nature in Germany is only inadequately protected and the loss is progressing,” explained BUND deputy federal chairwoman Myriam Rapior. She complains that although experts have been pointing out this problem for years, the government has failed to take action. As in the case of the climate constitutional complaints, the constitutional complaint will be legally represented by the law firm Baumann Rechtsanwälte Partnergesellschaft mbB, which has its headquarters in Würzburg and a branch in Leipzig.
According to BUND, Felix Ekardt from the Research Center for Sustainability and Climate Policy is also involved in the process as a representative. Humanity is heading “towards catastrophe” and is risking its livelihoods, he says. It’s about existential issues, such as whether soils continue to be fertile and plants can continue to be pollinated. If effective nature conservation is further postponed, it could only be “feasible with massive interventions in freedom” in the future, warns the lawyer and BUND state chairman in Saxony.
Since Monday, there has been a renewed international struggle to save biodiversity: negotiators from all over the world are coming together at the World Nature Conference in Cali, Colombia, to work out concrete steps to implement a global nature conservation agreement. Two years ago, around 200 countries in Montreal, Canada, agreed on 23 goals to be achieved by 2030. For example, it was agreed to protect at least 30 percent of the world’s land and sea areas. In addition, industrialized countries should provide around $20 billion annually by 2025 to protect biodiversity.
At the start of the conference, German Environment Minister Steffi Lemke (Greens) admitted that the situation had “not gotten better” in the past two years.
With regard to BUND’s constitutional complaint, Lemke emphasized that she and her ministry also saw a “really urgent need for action” to stop the loss of species. In Colombia, she will therefore work for “effective implementation of the goals agreed in Montreal two years ago, as well as for review and control measures.” At the same time, Lemke pointed out that, in her opinion, the current federal government has already done more to protect biodiversity than any before. One example is the Natural Climate Protection Action Program, for which more than 3.5 billion euros will be available by 2028. She also promised – albeit without a target date - the implementation of a national biodiversity strategy in order to promote species protection in a binding manner.
Interview with Climate and Biodiversity Expert
Editor (Time.news): Welcome to our interview series! Today, we’re diving into an urgent topic: the recent constitutional complaint filed by the German environmental association BUND against the federal government regarding biodiversity loss. Joining me is Dr. Felix Ekardt, a representative from the Research Center for Sustainability and Climate Policy. Thank you for being here, Dr. Ekardt.
Dr. Felix Ekardt: Thank you for having me! It’s a crucial moment for biodiversity, and I’m glad to discuss it.
Editor: To start, can you explain why BUND decided to take this unprecedented step of filing a constitutional complaint?
Dr. Ekardt: Absolutely. The speed at which biodiversity is declining is alarming—it’s even more dramatic than the speed of climate change. While the climate crisis has received a lot of attention, the loss of species has not been met with commensurate action from our government. This complaint aims to compel federal authorities to establish a comprehensive legal framework to protect our biodiversity effectively.
Editor: You mentioned that this is the first complaint of its kind globally. What does that mean for the broader movement to address biodiversity loss?
Dr. Ekardt: It’s groundbreaking. This sets a precedent that can inspire other nations and environmental organizations to pursue similar legal avenues. If successful, it could lead to significant reforms in how governments approach environmental protection, recognizing biodiversity not just as a side issue but as a core aspect of our ecological and human well-being.
Editor: BUND argues that nature protection in Germany is currently inadequate. What specific measures do you believe the government must take to address this?
Dr. Ekardt: Firstly, we need urgent and robust legal protections for natural habitats and endangered species. This includes enforcing sustainable land use policies, enhancing protected areas, and developing conservation strategies that are science-based and participatory—engaging local communities and stakeholders. We also need to address issues like pollution, climate change, and habitat destruction in a holistic manner.
Editor: You mentioned that humanity is heading towards catastrophe. Can you elaborate on what that means in practical terms for our livelihoods and the environment?
Dr. Ekardt: Nature is the foundation of our livelihoods—think of the soil that grows our food or the pollinators that are essential for plant reproduction. If we continue to neglect biodiversity, we risk massive disruptions. Future generations could face food insecurity, water shortages, and a loss of natural beauty and resources, which could require drastic measures that infringe on freedoms and rights to mitigate the damage.
Editor: In your opinion, what role do individual citizens play in combating biodiversity loss?
Dr. Ekardt: Citizens play a vital role. Awareness is the first step—people need to understand the significance of biodiversity and its direct impact on their lives. Individuals can contribute by supporting local conservation efforts, advocating for sustainable practices, and demanding accountability from their governments. Small actions, like planting native species in gardens, can collectively lead to substantial change.
Editor: BUND’s complaint has attracted individual plaintiffs, including public figures like actor Hannes Jaenicke. How important is public support and visibility in such legal actions?
Dr. Ekardt: Public engagement is crucial. When prominent figures lend their voice to these issues, it amplifies the message and draws more attention to the cause. It creates a social movement that can influence policymakers and galvanize communities to take action. The more visible the issue becomes, the more pressure there is on the government to respond.
Editor: Thank you for shedding light on this urgent matter, Dr. Ekardt. It seems clear that the fight for biodiversity is interconnected with our future and livelihoods.
Dr. Felix Ekardt: Exactly. Our health, economy, and survival depend on the biodiversity of our planet. We must act now to ensure a sustainable and thriving world for generations to come. Thank you for discussing this important issue.
Editor: Thank you for your time, and we look forward to seeing how this constitutional complaint unfolds!