The court has ordered the State to do more to protect vulnerable nature. The court in The Hague decided this on Wednesday. According to the judge, the State is not doing enough to prevent the deterioration of sensitive nature, while this is the government’s legal obligation. It is not yet clear how the government will implement the ruling and what the consequences will be for, for example, Brabant livestock farmers and construction projects.
To prevent the decline of nature, nitrogen emissions must be significantly reduced. The judge forces the State to ensure that by 2030 no more nitrogen is deposited in half of the vulnerable nature reserves than nature can handle. If this is not the case before then, the State must pay a penalty of 10 million euros. Nature that is in the worst condition must also be helped first.
Environmental organization Greenpeace demanded that the government intervene quickly and significantly to reduce the amount of nitrogen deposited in vulnerable natural areas. The environmental organization started the lawsuit because it is concerned about the state of (vulnerable) nature in the Netherlands.
Measures deleted
Many nature reserves are not doing well because too much nitrogen is falling. For this reason, no nitrogen permits are currently granted in Brabant for projects where nitrogen would affect sensitive nature.
The targets for reducing nitrogen emissions have fallen significantly out of sight. And that was already the case before current Agriculture Minister Femke Wiersma (BBB) swept most of the nitrogen policy of the previous cabinet off the table. The minister is still working on an alternative to that policy.
Prioritize nature reserves
The government must ensure that the areas that are in the worst shape are helped first. In Brabant this includes (parts of) the following nature reserves:
- Kampina & Oisterwijkse Vennen
- Loonse and Drunense Duinen
- Strabrechtse Heide
- Brabantse Wal
- Leenderbos, Groote Heide & De Plateaux
- Deurnsche Peel & Mariapeel
- Regte Heide & Riels Laag
- Kempenland West
Lawsuits
Lawsuits about nitrogen are nothing new and have had an impact on nitrogen policy before. Especially in Brabant, environmental organizations regularly go to court to challenge specific nitrogen permits. Recently, a ruling by the Council of State shook up the entire nitrogen dossier due to a number of such cases.
READ ALSO: Amercentrale and Rendac may still need a nitrogen permit
What makes Greenpeace’s lawsuit different is that the environmental organization wanted the judge to rule on nitrogen policy as a whole. This makes the case reminiscent of Urgenda’s climate case. The judge then obliged the State to reduce greenhouse gas emissions.
The State can still appeal against the ruling. A decision must be made within six weeks.
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