Bavarian courts face rising tide of wind power lawsuits after rule change

Bavaria's administrative courts are facing a growing caseload of lawsuits related to wind power plants, a trend that has accelerated since the state relaxed its strict 10H rule. Andrea Breit, president of the Bavarian Administrative Court of Justice (VGH), noted the increasing number of cases, stating that a second senate has been assigned to handle these matters due to the volume.

The legal challenges often involve intricate questions concerning species protection and environmental impact assessments. Breit emphasized the need to distribute these cases to prevent lengthy delays. Currently, the VGH is reviewing a case where a fish farmer is suing over the potential impact of two wind turbines on the water sources for his ponds, fearing groundwater contamination. Another case involves an operator challenging regulatory conditions imposed during the construction of four wind turbines, which they claim are causing additional costs.

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And there are still more.

The 10H rule, implemented in 2014, mandated that wind turbines maintain a distance from residential buildings at least ten times their height, effectively halting most new construction. Its relaxation in 2022 has led to a noticeable increase in wind energy projects. In contrast to the rising wind power litigation, the courts have seen a decline in asylum cases. Breit reported a decrease from over 56,000 cases in 2017 to an estimated 26,000 new cases this year, though the full impact of the new European Asylum System remains uncertain.

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So that such proceedings do not take forever, they must be distributed among several shoulders.