Legal expert: AfD wind power moratorium would be illegal

Environmental lawyer Wolfgang Köck from the Helmholtz Centre for Environmental Research (UFZ) has stated that the Alternative for Germany (AfD) party's proposed moratorium on new wind turbine permits in Saxony-Anhalt would be unlawful. The AfD's government program aims to halt all new wind energy approvals indefinitely and seeks to abolish the Wind Energy Area Requirement Act via the Bundesrat.

According to Köck, permit law for wind energy is governed by federal law, meaning a regional moratorium would violate federal mandates. Under the Federal Immission Control Act, project developers have a legal claim to a permit if all requirements are met, which can be enforced through the courts.

Furthermore, Saxony-Anhalt is legally required to designate 1.8 percent of its land area for wind energy by the end of 2027, increasing to 2.2 percent by 2032. If these targets are not met, developers may be able to establish wind turbines at any suitable location that meets standard requirements. Köck noted that while a moratorium would not affect already approved installations, it faces significant legal hurdles.