order

Emma Johanna Kiehm, et al. v. State of Brandenburg - order

<p>This entry was provided by the Sabin Center for Climate Change Law. Please see the terms of use for citation and licensing of third party data.</p>

Litigation

Sabin

Sabin Litigation

petition

Emma Johanna Kiehm, et al. v. State of Brandenburg - petition

Filing Year For Action

On June 30, 2021, the youth plaintiffs Emma Johanna Kiehm, Lina Freyert, Ameline Pelikan and landowners Prof. Paul Brodowsky, Ruth Feindel-Brodowsky and Wolfgang Georgsdorf, supported by environmental organization Deutsche Umwelthilfe (DUH; Environmental Action Germany), brought a constitutional claim against the state of Brandenburg for its failure to adopt a climate protection law. The plaintiffs invoked the state’s duty to protect their fundamental rights – including personal freedoms and rights to property – to request that the state legally stipulate a GHG emissions reduction pathway towards achieving climate neutrality by 2045, to comply with the Federal Climate Protection Act and the overarching 1.5°C temperature target, as informed by the Paris Agreement. This case is part of a series of eleven separate constitutional complaints supported by DUH against ten federal states, following the Constitutional Court’s Neubauer decision in 2021.

The plaintiffs relied on the Constitutional Court’s decision in <a href="https://climatecasechart.com/non-us-case/neubauer-et-al-v-germany/">Neubauer v. Germany</a>, following which Germany adjusted its climate goals at the federal level. Plaintiffs argued that codification of a legally binding reduction path is also required at the state level, as states bear co-responsibility for protecting lives and civil liberties, including safeguarding the natural foundations of life for future generations, within their own sphere of competence. Plaintiffs argued that inaction by the state of Brandenburg breaches both plaintiffs’ fundamental rights, and the state’s constitutional obligations. Plaintiffs asserted a violation by the state of its duty to protect, and invoked their constitutional rights, to defend themselves against considerable future restrictions on their freedoms which – in view of rapidly progressing climate change – are to be considered inevitable and are already reflected in the lack of action by the legislature of Brandenburg.

On January 18, 2022, the First Senate of the Federal Constitutional Court did not admit the eleven complaints for adjudication, on the basis of a lack of adequate prospects. Widely in alignment with its decision in <a href="https://climatecasechart.com/non-us-case/neubauer-et-al-v-germany/">Neubauer v. Germany</a>, the Court acknowledged that greenhouse gas reduction burdens cannot be unilaterally offloaded onto the future. However, in the cases at hand, complainants’ fundamental rights were not violated preemptively, because the state legislatures are not subject to a CO2 emissions budget, which, according to the Court in <a href="https://climatecasechart.com/non-us-case/neubauer-et-al-v-germany/">Neubauer v. Germany</a>, is a prerequisite for such an effect. Rather, it is the federal German legislature that is bound by the CO2 budget, but has a prerogative with respect to its implementation. As regards the federal states, the Court clarified that they too are responsible for climate protection, in particular by virtue of Article 20a of the Basic Law.  

Emma Johanna Kiehm, et al. v. State of Brandenburg

The Climate Litigation Database

Find climate change litigation data and indicators for {text}.

{text} litigation

Sabin Center for Climate Change Law provides Climate Litigation Database, a comprehensive database of US and Global climate change caselaw

Quickly and easily search through the complete text of thousands of climate change law and policy documents from every country.

Search the Climate Litigation Database

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.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

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

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

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

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

woman and genders outside of the gender binary

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

Emma Johanna Kiehm, et al. v. State of Brandenburg - order

Risk

Impacted group

Greenhouse gas