DUH v. Federal Republic of Germany (Climate Protection Programme 2026)

On May 5, 2026, Deutsche Umwelthilfe (DUH), an environmental NGO, filed a lawsuit against the Federal Republic of Germany before the Oberverwaltungsgericht Berlin-Brandenburg. DUH challenges the adequacy of the federal government's Climate Protection Programme 2026 (Klimaschutzprogramm 2026, KSP 2026). The German government adopted the KSP 2026 on March 25, 2026, pursuant to § 9 of the Federal Climate Protection Act (KSG). DUH argues that the KSP 2026 fails to include the measures necessary to achieve Germany's legally binding greenhouse gas reduction targets of at least 65% by 2030 and at least 88% by 2040 compared to 1990 levels, as required by § 3(1) KSG, and to comply with the annual total emission budgets for the years 2031–2040 set out in Annexes 2 and 3 of the KSG. The plaintiff contends that the KSP 2026 is unlawful for several reasons. First, the government based the program on outdated 2025 projection data, even though updated 2026 projection data published by the Federal Environment Agency (Umweltbundesamt) on March 14, 2026 — eleven days before the program's adoption — showed larger emission gaps, projecting only a 62.6% reduction by 2030 (against the required 65%) and approximately 80% by 2040 (against the required 88%). Second, the program relies on unrealistic assumptions and contains methodological deficiencies, including inconsistent emission reduction figures across different official documents and the use of key measures as "gap fillers" without plausible substantiation. Third, the Expert Council on Climate Issues (Expertenrat für Klimafragen), which is legally required to review the program, was unable to conduct a consistent and complete assessment because the government submitted the program in four installments with major last-minute changes affecting approximately 70% of the projected emission reduction impact. Fourth, a range of individual measures — including the conversion of gas power plants to green hydrogen, offshore wind cooperation projects, increased onshore wind auction volumes, circular economy targets in industry, and the agriculture protein strategy — are based on measures lacking legal underpinning, realistic financing, or technical feasibility. This case is a continuation of DUH's broader climate litigation strategy against the German federal government. Prior rulings by the same court in May 2024 and the Federal Administrative Court (Bundesverwaltungsgericht) in January 2026 already confirmed that the government's previous climate program (KSP 2023) was unlawful and ordered it to adopt adequate supplementary measures. DUH argues the federal government has knowingly adopted another unlawful program, necessitating renewed judicial intervention.