Das Bundes-Bodenschutzgesetz

The controversially discussed German governmental bill regulating the ?ordinances for the protection of dangerous changes in the soil and for the reclamation of contaminated sites” (Bundes-Bodenschutzgesetz — BBodSchG) aims to provide a reliable long-term restoration of soil functions, to take precautions against harmful effects as well as to restore soil and contaminated sites. Critics of the German Federal Soil Protection Act maintain that this ordinance is based on the economical use of the soil. Due to the quality of natural and use-related soil functions, the frequently discussed conflict between ecology and economy is established by legislators who do not provide the the necessary support. This procedure pinpoints the paradoxon of the German Federal Soil Protection Act. The German economical situation, in the author's opinion, will not be effected detrimentally by this act. Various regulations tie down the application of this ordinance. For this reason, the German Federal Soil Protection Act in its present form is an unsuitable instrument for the measures of soil conservation. The German Federal Soil Protection Act provides a framework for the introduction of integrated federal regulations. It covers issues such as evaluation and examination as well as measures to prevent the impact of hazardous soil contaminants. Hence, the legal disputes involving the above mentioned issue can effectively be opposed. Providing federal guidelines for working on contaminated sites seems to be the real aim of the German Federal Soil Protection Act in its present form. For this purpose, however a federal law for contaminated sites would be sufficient.