Failing successfully? Local referendums and ENGOs’ lawsuits as challenges to wind energy expansion in Germany

Abstract

AbstractGermany is implementing the “Energiewende” (energy transition): it has completed the phase-out of nuclear energy and plans to phase out coal-fired power generation by 2038 at the latest. The expansion of renewable energies is thus an imperative task and wind energy capacity must be increased significantly. However, wind energy expansion has slumped massively since 2018 and is only slowly catching up. Various reasons for this gap between necessity and reality are proposed, with citizens’ referendums on local decisions as well as lawsuits brought by Environmental Non-Governmental Organisations (ENGOs) against approval decisions being relevant obstacles. However, data on how these projects challenge wind energy expansion is lacking so far. The article addresses this gap and examines how, to what extent, and with what effect these procedures are used by opponents of wind energy projects. Focusing on Hesse as a state where both procedures are used comparatively often, the article takes stock conceptually and empirically of their role and impact, drawing on secondary literature and initial collections of descriptive primary data to look at how these procedures result in producing obstacles to local wind energy expansion. Findings from case studies suggest that both procedures may hinder wind energy expansion even if, in formally legal terms, they are not ultimately successful. From the perspective of local opponents of specific wind energy projects, this offers the possibility of “failing successfully”.