V a t t e n f a l l - Sweden´s other face

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During the year preceding approval of LAUBAG's mining plans in March 1994, there had been intense political discussion in Brandenburg on the question of whether specific planning approval proceedings with EIA were required for the three so-called long-term strip-mines in Brandenburg. In September 1993, the Government's Brown Coal Plan (Braunkohlenplan) for the Jänschwalde mine, which was wholly based on LAUBAG's Outline Mining Plan, came before the State's Brown Coal Committee in Cottbus. In approving the Plan, all objections concerning the lack of the required proceedings with an EIA were swept aside. But in the following weeks the State Government got cold feet and hesitated to declare the Brown Coal Plans for the Brandenburg strip-mines to be binding. "We have to sure", said Prime Minister Dr. Manfred Stolpe, "we can't afford to make a mistake". The Government decided to seek the opinion of legal experts, and in the intervening period – LAUBAG had not yet been privatised – coal-lobby pressure on the Government intensified.
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In January 1994, the report commissioned from legal experts was laid before the Government. Its conclusions were not what the Government had hoped for: The lawyers were of the opinion, firstly, that for the three Brandenburg mines EIAs were obligatory, secondly, that the laying down of "mining protection areas", that is areas reserved for mining activities (Bergbauschutzgebiet) and the approval of technical mining plans by GDR authorities did not constitute automatic continuation of the three mines beyond December 31st, 1991, and as a consequence, thirdly, that the continuance of mining activities after the end of December 1991 required planning approval proceedings with integrated EIAs.
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The Government panicked. Throwing its declared caution to the wind, it withheld the "mistaken" legal opinion and hurriedly declared the three Brown Coal Plans to be binding. When, on February 16th, 1994, the legal opinion was then published, it was quickly discarded. Behind the scenes, the Government attempted to persuade LAUBAG to carry out "voluntary" EIAs, now that it's mining plans had been finally approved, "just to be sure". But LAUBAG refused. The company's new West German owners were in the final stages of privatisation negotiations, and had no intention of displaying signs of weakness or compromise. Four weeks later, the State Mining Office approved LAUBAG's Outline Mining Plans for all three Brandenburg mines
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Horno, together with eight other villages and the city of Guben, immediately appealed against the approval of the Jänschwalde Mining Plan (90 per cent of Horno property owners also filed individual appeals). In June 1994, the Mining Office rejected all appeals, referring to the fact that the Jänschwalde Brown Coal Plan had been passed by the Brown Coal Committee and declared to be binding by the Government. Thereupon, the nine villages, together with the city of Guben, filed suit with the Administrative Court in Cottbus against the State Mining Office and its mining plan approvals. In the course of the following six years the Administrative Courts in Brandenburg routinely thwarted all attempts to have the mining approvals set aside.
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