Naturschutzbund Deutschland (Nature and Biodiversity Conservation Union – NABU) filed a lawsuit based on the Environmental Damage Prevention and Remediation Act (Umweltschadensgesetz) against the Federal Republic of Germany. NABU alleges harm caused by the wind farm to protected sea birds and porpoises.
Butendiek wind farm shall be constructed in 2014 in an area 32 kilometers west off the island of Sylt that is protected under the EU Habitats Direktive and the EU Birds Directive. „Legal action is our only chance to prevent an ecological catastrophe in two Natura 2000 areas off our coast after years of dialogue failed to bring results. This it not the kind of renewable energy NABU stands for”, Leif Miller, managing director of NABU said.
Legal action was brought against the Federal Republic of Germany, represented by the Federal Agency for Nature Conservation (BfN). NABU seeks an immediate stop of construction to prevent damages to maritime nature and a breech of nature protection laws.
The magazine for lawyers JUVE points out that the permit for Butendiek was granted twelve years ago by the Federal Agency for Maritime Shipping and Hydrography (BSH). The permit was issued before the area was declared a protected area und the Habitats and Birds Directive, JUVE says. According BSH, the agency already took the requirements laid down in the Directives into consideration, as it was foreseeable that the area would be protected under the Directives, JUVE writes.
Permits for offshore wind farms located in the exclusive economic zone are issued by BSH pursuant to the Act on the Scope of Duties Concerning Maritime Navigation (Seeaufgabengesetz).
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