Sunday, September 05, 2021

German environmental NGO launches legal action against car makers and oil firm over climate impact


© Getty Images / Peter Cade

3 Sep, 2021 
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German climate NGO Deutsche Umwelthilfe (DUH), alongside Greenpeace, launched legal action on Friday against a string of car manufacturers, as well as oil firm Wintershall Dea over concerns about their environmental impact.

In a statement released on DUH’s website, the NGO decried BMW, Daimler’s Mercedes-Benz. Volkswagen and oil firm Wintershall Dea for engaging in “climate-damaging activities,” pledging to take legal action to restrict the CO2 emissions the companies can release.

For decades there have been companies doing their climate-damaging business at the expense of our future. The time for fossil industries is now up.

Through its legal efforts, the climate groups are hoping to secure commitments from the named companies that they will not consume more than the remaining CO2 budget to which they are entitled according to the IPCC and the Paris climate limit, phase out combustion engines worldwide by 2030 and no longer develop any new natural gas or oil fields by 2026 at the latest. Should the companies refuse these pledges, the group has stated it will “hold those responsible to justice in court.

The NGOs will be represented by legal duo Remo Klinger and Roda Verheyen, who, earlier this year, convinced a German court to rule that the country’s government must update its climate law by the end of 2022, showing how officials will meet a target of almost zero carbon emissions by 2050.

Responding to the legal threat, Daimler defended its commitment to reduce carbon emissions in line with the Paris climate accord, stating that it is on course to achieve climate neutrality. BMW, Volkswagen, and Wintershall have not yet publicly responded to the lawsuit.

Climate groups to sue German carmakers

Following the success of their case against the German government's underwhelming climate plans, environmental NGOs are now going after companies with big carbon footprints.




The groups argue automakers are bound by a ruling giving future generations the right to climate protection


Environmental organizations Greenpeace and Environmental Action Germany (DUH) said Friday that they will sue German carmakers BMW, Mercedes-Benz and Volkswagen, as well as oil and gas company Wintershall Dea, over the negative impact the companies have had on the climate.

Two lawyers — Remo Klinger and Roda Verheyen — who helped environmental activists force the German government to commit to more detailed plans of how it will reduce carbon emissions to near zero by 2050 will also represent the plaintiffs in this case, DUH said.

Following the success of the case against the government, the NGOs are hoping to pursue the precedent set by Germany's Federal Constitution Court (BverfG) and uphold the rights of future generations.

"The BVerfG concluded in its groundbreaking climate decision that future generations have a basic right to climate protection. Large corporations are also bound by this!" the BUH said in a tweet.

Companies to be 'held responsible'


The plaintiffs' demands include ending the sale of climate-damaging combustion engines by German automakers by 2030 — five years earlier than an EU ruling imposed — and stopping Wintershall Dea from developing new oil and gas fields by 2026 at the latest.

They say these deadlines are necessary to stay within the limits of the 2015 Paris agreement. The legal action will go ahead if the companies fail to respond to the demands in the next few weeks, the NGOs said.

DUH said the "current and planned measures by the four companies are inconsistent with the Paris climate goals and are therefore unlawful."

The legal team also referred to the decision by a Dutch court in May that companies have to oblige by the Paris climate agreement. The court ruled that Shell must cut its emissions by 45% by 2030 from its 2019 levels.

"Climate protection is the protection of basic rights. This sentence was confirmed by the Federal Constitutional Court. With this in mind, these companies that produce more CO2 emissions than entire countries are now being held responsible," Remo Klinger said at the press conference announcing their legal intention.

All three of the German car manufacturers have previously announced plans to transition to producing more eco-friendly electric cars, but environmentalists have said these plans are vague and non-binding.

"The companies' electrification plans are not ambitious enough and too slow. They won't be enough to avert the climate crisis," said Greenpeace's Martin Kaiser.

Daimler, the maker of the Mercedes-Benz brand, said it saw "no basis" for the legal action against them and that it would defend itself "through all legal means."

BMW said in response to the announcement that it was already committed to the Paris climate agreement. Volkswagen, which owns several car brands including Audi, Porsche and Skoda, did not comment.

The threat of legal action against the car companies came days before the IAA auto show, one of the biggest in the world, was set to begin in Munich. Climate activists have said they will protest the event.

German carmakers reject environmental groups' climate demand


The Associated Press Staff
 Friday, September 3, 2021 

In this July 16, 2009 file photo, an employee of the Daimler AG mounts the Mercedes star on the hood of a car of the Mercedes-Benz E-class on the production line in the Mercedes-Benz site in Sindelfingen, Germany. (AP / Thomas Kienzle, File)

BERLIN -- German automaker Daimler on Friday dismissed a "cease and desist" demand from two environmental groups to commit to ending the sale of combustion engine vehicles by 2030.

Lawyers for Greenpeace and the group Deutsche Umwelthilfe have threatened to sue Daimler, BMW and Volkswagen unless they sign a legal pledge not to put new gas-fueled vehicles onto the market from the end of this decade.

The groups argue that companies are bound by the same rules as governments when it comes to reducing greenhouse gas emissions to combat climate change. The same lawyers successfully sued the German government earlier this year, forcing it to adjust its emissions reduction plans to shift more of the burden onto older generations.

In a letter addressed to Volkswagen, Greenpeace said it believes VW "poses a threat to the absolute rights, such as the property, health, and life of our clients" by being responsible for the release of large amounts of planet-warming carbon dioxide.

Daimler said in a statement that it saw "no basis" for the groups' demand.

"If it comes to a lawsuit, we will use all legal means to defend ourselves," the company said.

Daimler said it is committed to the goals of the 2015 Paris climate accord and aims to make its entire vehicle fleet climate-neutral by 2039, more than a decade before current European Union rules require it.

BMW said it would examine the legal threat from the environmental groups, but said it was likewise already committed to the Paris accord's goal of capping global warming at 1.5 degrees Celsius (2.7 Fahrenheit). The luxury carmaker said it wants to put 10 million fully electric cars on the road over the coming decade. BMW sold more than 2.3 million cars in 2020.

Deutsche Umwelthilfe also sent a cease and desist demand to the oil and natural gas company Wintershall Dea, one of the investors in the Nord Stream 2 pipeline being built from Russia to Germany.

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