Lawyer Sparks Controversy: Prioritize Wind Power Over Nature Conservation, Health
Lawyer Florian Berl has sparked controversy with his argument that wind power expansion should be prioritised over other public interests, such as nature conservation and health protection. He has also questioned the constitutional validity of municipal referendums on wind park projects.
Berl's argument, presented in a legal opinion, suggests that the 'overriding public interest' in renewable energies should be balanced with other public interests. However, he formulates legal provisions as if only wind power is to be considered, potentially concealing other renewable energy forms with fewer environmental impacts.
Berl further argues that referendums on wind park projects at the municipal level are not constitutionally permissible. He implies that the possibility of democratic opinion formation and expression is also of public interest. However, he fails to mention that such referendums are not binding for the municipality, making them more of a mood barometer than a binding decision.
Berl bases his argument on national and European legal provisions, interpreting them in favor of the wind power industry and its lobby.
Berl's views have been met with criticism from environmental organizations. Manfred Maier, the chair of Pro Thayatal, a prominent environmental organization in Upper Austria, has expressed concern about the potential impact of Berl's arguments on nature conservation and public participation in decision-making processes related to energy projects.
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