Evaluation of the Use and Effects of the Scope for Class Actions under the German Environmental Appeals Act (Umwelt–Rechtsbehelfsgesetz, UmwRG)

The research project on the evaluation of the use and effects of the scope for class actions under the German Environmental Appeals Act (Umwelt–Rechtsbehelfsgesetz, UmwRG) analyses the effectiveness of this instrument. The key question of the project is to what extent appeals instituted under the German UmwRG –and also the mere possibility of lodging them – contributes to a more comprehensive incorporation of substantive and procedural environmental requirements during project development, in administrative procedures or as a result of the actual appeals process, than would have otherwise been the case without the Act. Within the scope of an empirical study the behaviour of recognised environmental associations with regard to their right of appeal is first of all quantified and the “success rate” assessed for the period from 15.12.2006 to 15.04.2012. Several of the appeals processes mentioned therein are subsequently analysed in more depth as case studies (questionnaires, interviews). To enable a nuanced assessment of the impact of the German Environmental Appeals Act, an analysis is conducted of the stakeholders involved in the processes (associations, authorities and additional stakeholders). In this way any restrictions which inhibit the effectiveness of the right of appeal can be identified. Based on the empirical results and a comparative legal analysis, selected legal questions are examined and recommendations are made on the basis of which the identified constraints can be reduced or removed.