The Energy and Climate Law Blog is on summer break to enjoy the sun and recharge batteries. The blog is returning with new analyses of energy and climate law developments by August. Many thanks for your support and have a good summer time!
After ruling in December 2016 that the acceleration of the nuclear phase-out in Germany by the Merkel administration was not sufficiently designed to seal it off against compensation claims, the German Federal Constitutional Court (BVerfG) yesterday delivered a second blow to the policy of phasing out nuclear power in Germany. The BVerfG declared the so called fuel element tax (Brennelementesteuer) null and void. In a groundbreaking statement the court shut down the possibilities for the state to `ìnvent` taxes, which has consequences for a proposed carbon tax in Germany.
On 1 June 2017 President Donald Trump announced that the US is withdrawing from the Paris Climate Agreement. According to the White House, President Trump thinks that the accord undermines US competitiveness and jobs. But is it possible to just walk away from the Paris Agreement? What does the law say and what would be the mechanisms and the consequences that govern such a departure?