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The dispute over the deforestation of another forest area at the construction site in Grünheide, which has been started by the American electric car manufacturer Tesla, goes to the next instance: the Higher Administrative Court of Berlin-Brandenburg (OVG) must now decide whether to they can cut down the 82.8 hectares.
In the early afternoon, the OVG issued an interim order to stop the work that the Frankfurt Administrative Court (Oder) had previously declared legal. “The XI Senate responsible has issued a provisional order that stops the cleaning work until a decision is made on the complaint,” explained the OVG.
“This decision is only intended to prevent the granting of effective legal protection from being thwarted by the creation of a fait accompli. It does not allow a forecast on the outcome of the complaint process. “
The judges in Frankfurt had rejected an urgent request from the environmental associations NABU and the Green League to temporarily halt the cleanup. The two environmental associations immediately lodged a complaint with the Higher Administrative Court of Berlin-Brandenburg (OVG), as explained by CEOs Michael Ganschow (Green League) and Christiane Schröder (Nabu).
Only on Tuesday, the Frankfurt court stopped the felling of trees by means of a provisional sentence, as is the case now with the OVG in second instance to avoid a fait accompli. There are indications that half the forest has already been cut down. In submitting their request, the environmentalists also asked for urgent legal protection to prevent the American company from creating a fait accompli before the legal dispute is resolved. The Frankfurt lawyers had recognized him.
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In this regard, however, the associations could not achieve anything in the first instance. The approval of the “early start” of the work by the Brandenburg State Environment Agency on November 30 was legal, the administrative court ruled on Thursday.
Environmental associations had cited the protected animal species sand lizard and smooth snake as an argument against logging. “The main population of both species is outside the project area,” declared the judges, however, so the decision of the environmental agency is not objectionable. The presence and habitats have been thoroughly documented and adequate precautions have been taken to protect the animals. In addition, the administration ordered compensatory measures and the relocation of animals, which Tesla had carried out correctly before work began.
“Therefore, the adverse effects of the project are below the materiality threshold,” the court concluded. “It is unlikely that a significant increase in the risk of killing the sand lizard and the smooth snake is feared.”
It is not an extensive natural forest, but an industrial zone.
The dispute is over the felling of 82.9 hectares of pine forest. According to Tesla, it needs space for pipes and as a storage facility. The court has now clarified that this is not in any way “the removal of a natural forest that has grown over a long period of time”, but simply an economic forest for the factory, which is also designated as an industrial zone under planning law. .
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Two days after the provisional sentence, the works were stopped again. Tesla is allowed to keep cutting the pines. However, environmental associations can also appeal the decision to the Higher Administrative Court of Berlin-Brandenburg.
Tesla has so far only relied on preliminary approvals
For the forest, as well as the entire construction site, the following applies: Until now, Tesla has relied on interim approvals from the Brandenburg authorities for all measures because full environmental approval is still pending. Conservationists and residents fear negative consequences for the environment.
Last winter there had already been a dispute over 92 hectares of forest on the site. The Higher Administrative Court of Berlin-Brandenburg rejected urgent requests from two environmental associations in February, so Tesla was allowed to cut down the trees before the start of the growing season.
One year after the first announcement, the Gigafactory structure is almost complete. The first electric vehicles should roll off the assembly line from July 2021. The schedule is extremely tight and consequently legal procedures are delicate for the group. (with dpa)
