While the deep drilling in Wapse were already in full swing, the province of Drenthe was still investigating the lease construction with the farmer. The province initially did not agree in 2023. The pressure on the vulnerable nature reserves in the area would only increase with the activities of Vermilion, she said. The province thought it was a better idea if the farmer permanently removes the nitrogen space from the market.
The drilling were completed without a nature permit. The Ministry of LVVN has addressed the company for the course of action and asked the gas extraction activities for the papers to be in order.
In the meantime, the alarm bells went off at the Milieudefensie department in the municipality of Westerveld. The body monitors gas extraction in the region and calls the activities ‘illegal’. Pieces in the hands of RTV Drenthe show that LVVN and Vermilion themselves also speak of a ‘violation’ that they are aware of.
Yet LVVN did not proceed to enforcement. The reason: the chance that the papers were still put in order was, according to LVVN, and so there was “concrete view of legalization.”
“It is as if you sit in a car without a driver’s license and say: I cannot be fined because I have a concrete view of a driver’s license,” says Alie Eiting on behalf of Milieudefensie Westerveld. “I don’t think an average agent agrees.”
The ministry itself says with the assessment waiting for all the conditions of the permit is met. For this, LVVN awaits additional information from Vermilion. To Eiting’s displeasure: “So LVVN is actually waiting for the violation until the driver’s license has been obtained. I think that is strange.”
Vermilion does not find that comparison. After all, she did not have to get a driver’s license at first because she fell under the building exemption at the start. When the building exemption fell out, the company said it received a ‘test driving license’ from LVVN. Vermilion believes that there has been anticipated in the right way by buying the nitrogen rights of farmers, even more than necessary for compensation.
“Vermilion did nothing wrong and followed the rules,” the company responds. In addition, it points to LVVN. If it was not possible, then enforcement would have been made, the reasoning is. But the enforcement requests from Milieudefensie were rejected several times. “Moreover, you don’t just stop a deep drill,” the spokesperson for Vermilion explains. “You can’t just pull the plug there and wait. You can’t leave the well open.”
Milieudefensie forced the court in August 2024 that the Ministry of LVVN could no longer postpone the decision on the nature permit. The judge agreed with the nature organization. For each day after 31 October 2024 in which LVVN would not come up with an assessment, Milieudefensie receives 100 euros as a penalty. That amount can amount to a maximum of 15,000 euros.
“Governments are only stretching time,” says Eiting, pointing to the fact that the deep drilling has since been completed. “By the time there is a judgment with the judge, it is often too late. You are there and you look at how goat paths are always found again.”
In December 2024, the province changed course. They no longer saw the temporary withdrawal of the permit as a burden on nature. The plan has “no big, let alone negative consequences for nature,” is the conclusion. It is up to LVVN to look at the construction between Vermilion and Boer.
Yet the puzzle has not yet been laid. It is now almost five months after the judge’s decision and there is not yet a decision of LVVN on the permit. Due to other nitrogen -related judgments at the court, Vermilion must meet new requirements and come up with additional documents.
Milieudefensie fears that LVVN will deposit the full 15,000 euros and sees that amount as a sort of ‘surrender scheme’. “But we are not concerned with the money,” Eiting explains. “They have had enough time and we want a decision. We want Vermilion to adhere to the same rules, just like everyone else.”
LVVN says it cannot estimate when the decision follows. To the great frustration of Vermilion: “You end up in the nitrogen mill with constant new rules. We are still dealing with the handling of something from three years ago.” In addition, Vermilion states that both she and Milieudefensie would benefit from clear rules.