Comparison of nature conservation vs. judgment in collective action

At a panel discussion on September 29, 2009 as part of the German Nature Conservation Day, prominent panelists discussed the results of a study carried out by UfU and Prof. Dr. Alexander Schmidt from Bernburg University of Applied Sciences on the subject of “Nature conservation comparison versus association action verdict”. Prof. Dr. Hubert Weiger, Chairman of BUND, Jörg-Andreas Krüger, Deputy Federal Managing Director of NABU and Michael Spielmann, Chairman of the Sielmann Foundation and President of Naturstiftung David, agreed that it would be important to obtain quantitative data on how the associations deal with the instrument of the nature conservation settlement. This data could make it clear that the associations were using the instrument cautiously. They called for a forward-looking approach to the management of complaints by ensuring that the associations reach an internal agreement as early as possible on what outcome would be acceptable from a nature conservation perspective. In addition, cost planning should be approached early and conservatively. Specific legitimacy criteria for the conclusion of a settlement were viewed controversially. These could only be defined with regard to the specific case. In general, the association representatives criticized the fact that they have had to accept a steady deterioration in their legal positions in recent years. Politically, more must be done for the legal enforcement of nature conservation interests.