Norton Rose Fulbright advises RWE Nuclear on resolution of dispute concerning disposal of decommissioning waste from Biblis nuclear power plant

Global law firm Norton Rose Fulbright has advised RWE Nuclear GmbH on the successful resolution of a complex, long-running dispute concerning the disposal of mineral waste arising from the decommissioning of the Biblis nuclear power plant at the Büttelborn landfill site in Hesse.

RWE Nuclear GmbH, headquartered in Essen, is a wholly owned subsidiary of RWE AG and consolidates all nuclear energy activities of the RWE Group. The company is responsible for the legally mandated decommissioning of RWE's former nuclear power plants, the proper packaging of radioactive waste and the recovery and recycling of materials generated during decommissioning activities. RWE Nuclear is currently carrying out decommissioning projects at five locations in Germany: Biblis, Emsland, Gundremmingen, Lingen and Mülheim-Kärlich. Operational management is conducted by RWE Power AG.

The underlying administrative proceedings before the Darmstadt Regional Council (Regierungspräsidium Darmstadt) were initiated more than six years ago and were followed by a series of court proceedings before the Administrative Court of Darmstadt, the Higher Administrative Court of Hesse in Kassel, the Regional Court of Darmstadt, the Higher Regional Court of Frankfurt and, subsequently, the Administrative Court of Darmstadt. The matter was ultimately resolved through a public law agreement between the parties.

At the center of the dispute was an immediately enforceable order issued by the Darmstadt Regional Council, with which the affected parties, a public-sector company and a public law special-purpose association, were unwilling to comply.

On September 3, 2026, the first shipment of mineral waste from the Biblis decommissioning facility arrived at the Büttelborn landfill site. The delivery represents an important milestone in the implementation of Germany's nuclear phase-out, which was approved by a large parliamentary majority on June 30, 2011.

Prof. Dr. Claus Pegatzky (Public Law/Regulatory, Frankfurt) commented:

"I am pleased to have supported RWE Nuclear in achieving the resolution of this dispute. The matter involved a lengthy process over many years. The implementation of Germany's nuclear phase-out has proven to be a complex and legally demanding undertaking. The case illustrates the challenges that continue to arise in the realization of large-scale infrastructure projects in Germany."

RWE Nuclear GmbH was advised and represented by Prof. Dr. Claus Pegatzky, Counsel in Norton Rose Fulbright's Frankfurt office, on all public law and regulatory aspects of the matter.