A1 expansion in danger? Economics Minister fights against environmental protection lawsuits!

A1 expansion in danger? Economics Minister fights against environmental protection lawsuits!

Things are boiling in the Eifel: Rhineland-Palatinate Economics Minister Daniela Schmitt (FDP) has brought up the possibility of abolishing collective action law in order to push ahead with urgently needed construction projects. The focus is particularly on closing the gap on the A1 between Kelberg and Blankenheim, which has been called for for years, closing a 25 kilometer long gap and is considered an important European infrastructure project. Schmitt argues that the current possibilities for litigation by environmental groups significantly slow down the planning and execution of such projects and create uncertainty. This point is supported by Klaus Rohletter, President of the Rhineland-Palatinate Construction Industry, who describes the current situation as an “ideology of a minority” that imposes rules on the majority.

At the end of 2025, the Federal Administrative Court dismissed a lawsuit by the Federation for the Environment and Nature Conservation (BUND) against closing the A1 gap. The court confirmed the legality of the planning approval and found that the species protection exceptions for three endangered bird species were correctly implemented. Against this background, the need to protect construction projects against environmental lawsuits becomes particularly clear. The court also stated that closing the gap was not only a national interest, but also a European one.

The planned changes and their consequences

The current efforts of the grand coalition of the CDU, CSU and SPD to restrict the right of environmental associations to sue should result in a draft law by February 28, 2026 at the latest. The aim of these measures is clear: rapid implementation of infrastructure projects. Among other things, the plan is to abolish the suspensive effect of lawsuits and only allow objections from those actors who have already been involved in the administrative procedure. According to CSU leader Markus Söder, non-governmental organizations can no longer block future proceedings in which they have not taken part.

While politicians are signaling progress in accelerating construction projects, environmentalists are sharply criticizing these developments. Cosima Lindemann from the nature conservation association NABU emphasizes that every second lawsuit filed by environmental associations has been successful in the past. This shows that the legal review of projects plays an important role, especially in the environmental sector. The Greens also warn that the rule of law must not suffer at the expense of nature conservation.

A double-edged sword

The planned changes also raise international questions. Germany has been a party to the Aarhus Convention since 1998, which guarantees access to justice in environmental matters. Critics fear that restricting the right to sue contradicts these obligations and particularly disadvantages smaller environmental associations that do not have the necessary resources to take part in all proceedings. Roda Verheyen from Deutsche Umwelthilfe emphasizes the essence of environmental association lawsuits for environmental protection and urges caution.

It is uncertain whether the supporters or the critics stand side by side. What is clear, however, is that a balance must be found between accelerating construction projects and protecting environmental interests. This is the only way to act sustainably without jeopardizing citizens' rights and environmental protection. The discourse about the right to sue will probably be with us for a while.