Hamburg – On 12 September 2023, the Federal Administrative Court dismissed the fast-track action brought by environmental group Deutsche Umwelthilfe against the planning resolution of Stralsund Department of Mining of 20 August 2023 relating to construction and operation of the first marine section of the Baltic Connector Pipeline (Ostsee Anbindungsleitung – OAL).
A CMS team headed by Dr Christiane Kappes and Dr Neele Christiansen represented the proponent, GASCADE Gastransport GmbH (GASCADE), as summoned party in the proceedings before the Federal Administrative Court. GASCADE operates a natural gas pipeline system with a total length of around 3,700 kilometres in Germany. The team previously advised GASCADE on all aspects of the planning approval procedure for the OAL.
At around 50 kilometres long, the OAL offshore pipeline connects the LNG terminal planned by Deutsche ReGas (Floating Storage and Regasification Unit – FSRU) for Mukran on the island of Rügen to the existing long-distance gas grid in Lubmin. This LNG project is set to feed at least ten billion cubic metres of natural gas a year from the OAL into the German gas grid, replacing some of the previous gas imports from Russia and making a significant contribution to energy security.
The Federal Administrative Court rejected the fast-track action aimed at halting construction. Contrary to the view of the claimant, the court held that the need for the pipeline is established in law by the LNG Facilitation Act (LNG-Beschleunigungsgesetz – LNGG). The summary review required by fast-track proceedings concluded that the planning resolution justifiably assumes the gas supply crisis will continue with regard to future heating seasons, including winter 2023/2024. Under the facilitation provisions of the LNGG no environmental impact assessment is therefore required for the project. Lastly, the court also rejected the objections against the technical safety of the pipeline and the environmental assessment of the construction-related impact of underwater noise on marine mammals.
The Federal Administrative Court’s case reference is 7 VR 4/23.
CMS Deutschland
Dr Christiane Kappes, Partner
Dr Neele Christiansen, Partner
Sebastian Belz, Counsel
Knut Göring, Associate
Dr Lisa Rueß, Associate, all Public
Press Contact
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