A Leap Forward for Biodiversity Litigation - The Naturschutz-Klage in the Biodiversity and Climate Litigation Context

On 23 October, 2024, BUND (Friends of the Earth Germany) and several individuals filed a constitutional complaint mirroring the Neubauer case, but directed at the biodiversity crisis. The claimants seek a declaration from the Federal Constitutional Court (FCC) that the lack of a coherent scheme for the protection of biodiversity infringes fundamental rights and seek an order from the court for the legislature to take the necessary measures to adopt an appropriate, legally binding protection scheme within a clear timeline. This case presents a significant development in the field of strategic biodiversity litigation as the first systemic government framework case. It can be seen as the Urgenda of biodiversity litigation.