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Wiesbaden (dpa / lhe) - Even after the failure of its lawsuit, the Association for the Environment and Nature Conservation (BUND) Hessen considers it possible to stop the clearing work for the expansion of the Autobahn 49 in the Dannenröder forest.
After evaluating the written justification of a judgment by the Federal Administrative Court, one sees legal room for maneuver for Hesse's Transport Minister Tarek Al-Wazir (Greens), said BUND Chairman Jörg Nitsch on Monday: "Building rights do not mean building obligations."
In the Dannenröder forest in the Vogelsberg district, trees are being cleared for the further construction of the A49.
It should better connect Kassel and Giessen.
The Greens in Hesse are particularly criticized by environmentalists in relation to the clearing because they are involved in the state government.
Transport Minister Al Wazir has so far rejected the criticism with the reference that the building had been decided by the Bundestag and declared lawful by the Federal Administrative Court.
The latter had dismissed a complaint by the BUND in June.
For the court, withdrawing the plans was out of the question - even if they were incorrect with regard to the European Water Framework Directive.
It does not follow from this that the Ministry of Transport cannot suspend the execution of the planning and carry out tests of the effects on the groundwater in the area, announced the BUND.
Existing building law must also be suspended until any deficiencies in water law have been remedied.
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"We will of course read the BUND's statement on the written grounds for the judgment carefully and examine it in detail," said a ministry spokeswoman.
However, she also pointed out that, in the opinion of the Federal Administrative Court, the decision on building law would remain final and enforceable.
Notice from the court