The legal requirements for biogas plants can arise from a wide variety of legal areas such as immission control law, building law, nature conservation law, waste law, hygiene law, water law or fertiliser law.
Most legal disputes in relation to biogas plants/biomass plants relate to immission control law and/or building law.
Due to recent reports stating that biogas plants are the cause of the development and spread of the aggressive EHEC pathogen, a new subject of dispute could now arise.
A not inconsiderable proportion of biogas plants are operated at an operating temperature of between 30 and 40 degrees. According to experts, the E-coli bacterium, which is considered to be the basic form of the EHEC pathogen, is likely to feel particularly at home in such conditions and therefore multiply and/or mutate rapidly.
If the fermentation residues contained in the plants are then spread by farmers as fertiliser, this could pose considerable health risks to the population.
In this respect, it remains to be seen whether biomass plants actually have anything to do with the spread of the EHEC pathogen and to what extent this can or will be the subject of neighbouring lawsuits.
Further information:
https://www.mth-partner.de/rechtsanwaltsblog/erneuerbare-energien-nachbarklage-gegen-biogasanlage-aufgrund-einzelfallbewertung-erfolgreich/
https://www.mth-partner.de/rechtsanwaltsblog/erneuerbare-energien-nachbarschutz-gegen-biogasanlagenbiomasseanlagen/#more-399
https://www.mth-partner.de/rechtsanwaltsblog/erneuerbare-energien-kein-nachbarschutz-gegen-geruche-einer-biogasanlage/
Important Note: The content of this article has been prepared to the best of our knowledge and belief. However, due to the complexity and constant evolution of the subject matter, we must exclude liability and warranty. Important Notice: The content of this article has been created to the best of our knowledge and understanding. However, due to the complexity and constant changes in the subject matter, we must exclude any liability and warranty.
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