Court Orders Government to Accelerate Nitrogen Reduction Measures
The Dutch State must take more measures to reduce nitrogen deposition on nature. This was the ruling of The Hague District Court in the nitrogen case brought by environmental organization Greenpeace against the State.
The nitrogen reduction goals for 2025 will not be met, and even the 2030 targets are at risk unless the State immediately implements measures to limit nitrogen emissions.
A penalty of €10 million has been imposed if the State fails to meet the 2030 targets. It is rare for the government to be compelled in this way to take action.
A Step Backward
The judge indirectly criticized the current government for scrapping measures implemented in recent years, such as the National Rural Area Program. He referred to this as a step backward in nitrogen reduction. The previous administration allocated €24 billion to achieve these goals, but the Schoof cabinet reduced this amount to €5 billion.
The judge stated that this decision dismantled key pillars of nitrogen reduction and that no new policy has been created to meet the 2030 targets.
By 2030, 50% of the vulnerable Natura 2000 areas must no longer be overloaded with nitrogen. Currently, 28% of these areas are affected. The judge stated it is impossible to meet this year’s targets, so the government is not required to comply with that goal.
Urgent Priority List
The judge emphasized that the government must prioritize the most vulnerable Natura 2000 areas. The 22% reduction that must still be achieved in these areas by the end of 2030 is deemed possible with the right measures. These types of nature, including some found in the Veluwe, must be part of the solution.
The judge referred to an urgent priority list with red and orange zones in critical condition that need to be protected from nitrogen as a matter of priority.
The court also noted that it is up to politicians to determine how the goals will be achieved.
Both parties can appeal the ruling, but the judge stated the government must begin implementing the judgment immediately.
“A Victory for Nature”
Greenpeace sought to compel concrete policy to drastically reduce nitrogen emissions. Achieving the 2030 targets will require large-scale measures in agriculture and industry.
In an initial response, Greenpeace Netherlands director Andy Palmen called the case “a victory for nature” and said it finally provides clarity. He criticized the government for delaying measures, leaving society, farmers, and businesses in uncertainty.
“We expect the government to take responsibility in its action plan and ensure that all relevant sectors, including agriculture, transport, aviation, and industry, contribute fairly. The government must present proposals that provide clarity to farmers and support them in making the necessary transition to ecological farming.”
Greenpeace also stressed that farmers already practicing sustainable agriculture should be protected and that support should be provided to those willing to transition.
Nitrogen itself is not harmful, but two nitrogen compounds are damaging to nature: ammonia (NH₃) and nitrogen oxides (NOₓ). Excessive deposition of these substances in nature causes acidification. Ammonia primarily comes from livestock farming. When animals graze or manure is spread on fields, ammonia is released directly into the ground. Nitrogen oxides are released during high-temperature combustion, such as in factories or car engines.
Nature Permits
In December, the Council of State ruled that less flexibility would be allowed with nitrogen permits. Nature permits are now more frequently required, and the regulations have been tightened. For example, a company with a permit for a certain amount of nitrogen emissions must apply for a new permit when starting a new project. Emissions can no longer be offset against the unused portion of an existing permit (internal balancing).
In response, the cabinet established a ministerial committee to assess the consequences of this ruling and propose measures. Concerns have arisen as construction projects have retroactively become illegal due to the lack of required permits.