The case, brought by the German environmental movement, could have major consequences for agriculture and environmental policy. According to the environmental movement, nitrate pollution is mainly too high due to over-fertilization and intensive livestock farming. In Germany, as in the rest of the EU, there is a limit value of 50 milligrams of nitrate per liter of groundwater. However, in many areas, especially in agricultural regions, these values are regularly exceeded.
The issue has been ongoing for more than twenty years and is partly a result of the separated tasks and powers between the federal German government and the governments of the sixteen federal states. Legal adjustments are mostly only possible if Berlin and the federal states agree. In the case of nitrate pollution, the federal government must adhere to stricter EU requirements (the ‘no deterioration’ rule), but some state governments prefer to do as little as possible about it.
In November 2023, a court in Lüneburg already ruled that the two federal states bordering the Netherlands, Lower Saxony and North Rhine-Westphalia, were not adequately fulfilling their duties. They appealed against this but are now again obliged to reduce nitrate pollution (i.e., apply less manure).
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Agricultural organizations respond critically to the ruling. They argue that farmers have been striving for years to reduce the use of fertilizers. The agricultural umbrella organization in Lower Saxony still assumes that the decision will not have direct consequences for agriculture. According to them, the Court has ‘clarified a few fundamental legal questions.’ They believe the current nitrate program of the two federal states is sufficient to ensure compliance with the limit values in all respects.
The environmental umbrella DUH sees the ruling as a precedent for all of Germany. If the federal court enforces stricter rules, this could also oblige other federal states to take tougher measures against nitrate pollution.
Water supply companies see the ruling as a signal for water protection. “The manure law has been a tiresome, endless story for over 20 years. It is more than time to finally take action. Only by significantly reducing nitrate input can we protect our most important drinking water source in the long term,” said the chairman of the water companies.