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Wiesbaden (dpa / lhe) - The Hessian Ministry of Transport continues to assume that the plan approval decision for the controversial extension of the Autobahn 49 is valid.
The Ministry announced on Wednesday in Wiesbaden that nothing to the contrary can be derived from the written grounds for a judgment by the Federal Administrative Court that are now available.
Previously, the Bund für Umwelt und Naturschutz Deutschland (BUND), with a view to the reasons for the judgment and an identified legal error, demanded that it be remedied and the ongoing deforestation for the A49 be stopped.
"The Hessian transport minister must finally set the missing test according to the criteria of the water framework directive in motion," said the chairman of the BUND Hessen, Jörg Nitsch, according to a statement.
Minister Tarek Al-Wazir (Greens) still has the legal margin of maneuver to stop further clearing.
The highest administrative judges had dismissed a complaint by the BUND in June.
The tenor of the reason was already known at the time: The court did not consider withdrawing the A49 plans in Central Hesse - even if they were incorrect with regard to the requirements of the European Water Framework Directive.
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"The water law reviews addressed by the Federal Administrative Court have now been initiated," the ministry said.
There were already investigations during the planning approval procedure.
Wiesbaden again referred to the federal government: In the event of a final planning approval decision - the building permit, so to speak - only the client could stop its implementation, and that would be the Federal Minister of Transport.
The A49 should connect Giessen and Kassel more directly.
Around 85 hectares of forest are to be cleared for the planned route, which is to lead partly through a drinking water protection area.
For weeks, environmentalists have been protesting against the traffic project and the clearing.