On October 4, 2021, the plaintiffs Barbara Metz, Sascha Müller-Kraenner, and Jürgen Resch supported by environmental organization Deutsche Umwelthilfe (DUH; Environmental Action Germany), filed an action against Wintershall Dea AG, a German gas and oil company. Plaintiffs asked the Regional Court of Kassel to order the company to tighten its carbon emissions target and to cease the extraction of natural gas and crude oil both nationally and internationally, both directly or indirectly (through shareholding or other means of corporate participation), by 2025. 

The plaintiffs argue that the company’s (in)actions are causally responsible for interfering with and in violation of plaintiffs’ rights and freedoms by not adhering to a “fair” carbon budget. In <a href="https://climatecasechart.com/non-us-case/neubauer-et-al-v-germany/">Neubauer v. Germany</a>, the German Constitutional Court accepted that Germany has a limited CO2 emissions budget remaining at its disposal. Alongside the Paris Agreement, these findings form the legal basis for the claim by Metz et al. 

On the basis of the company’s calculated allocated carbon budget, plaintiffs submit that the company be asked to refrain from: (i) extracting natural gas and/or crude oil that emits more than 0.62 gigatons (Gt) CO2 (natural gas) or more than 0.31 Gt CO2 (crude oil) when burned (calculated as of January 1, 2021), unless the company can demonstrate GHG neutrality for the CO2 emissions in excess of this amount, and; (ii) opening new oil or gas fields, both nationally or internationally, after December 31, 2025; or (indirectly) participating in such openings through equity holdings in other companies.

Barbara Metz et al., v. Wintershall Dea AG

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Barbara Metz et al., v. Wintershall Dea AG - complaint

Filed

Germany

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

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Area of the economy in which actors engage in identical or related activities.

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A company that is owned wholly or partially by the state, typically operating in key sectors.

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Either money or something of monetary value is transferred between two or more organisations, people or countries.

Conditions that enhance the feasibility of adaptation options. Enabling conditions include finance, technological innovation, strengthening policy instruments, institutional capacity, multi-level governance and changes in human behaviour and lifestyles.

Actions or measures to adapt freshwater systems to climate change.

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Hot temperature extremes are daily maximum temperatures  that were exceeded on average once in a decade or once in 50 years, and includes heatwaves.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

A potent, short-lived greehouse gas, largely released from livestock, fossil fuel extraction and waste management.

Risks to the ecosystem health of the marine environment, including ocean warming, ocean acidification, and ocean deoxygenation, harming biodiversity, species health, ecosystem services, and coastal community livelihoods.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

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Energy derived from biological compounds that are renewable due to their short life cycle within the carbon dioxide cycle.

Oil is a combustible liquid fossil fuel composed mainly of hydrocarbons, occurring as crude oil and refined into petroleum products such as petrol, diesel and kerosene.

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Activities of industries that extract natural resources, such as mining, oil, and gas, for commercial use.

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Barbara Metz et al., v. Wintershall Dea AG - complaint

Target

Policy instrument

Risk

Impacted group

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance