“When real choices have to be made between economic activities or nature, the House often opts for economic activities.” With these words, outgoing minister Christianne van der Wal (Stikstof, VVD) put things on edge in parliament at the end of March. She was tired, she hinted, of the House paying lip service to all kinds of nature-friendly policies, but when it came down to it, it put growth before climate. She received praise for her sharp words, both in Parliament and outside it. Finally a minister who stands for her department, regardless of the political color she has and regardless of the formation in progress.
It was all the more disappointing to read last week that the same Van der Wal supports the decision to use a shaky legal structure to help Schiphol Airport to circumvent environmental regulations for another year. Because that is what the fiddling with nature permits based on nitrogen rights from purchased farms de facto amounts to.
Schiphol, one of the largest emitters in the country, did not have a valid nature permit for years and was therefore in fact emitting nitrogen illegally. The minister and her predecessors tolerated this, very Dutch. But toleration is only allowed temporarily and last year the limit was reached: if a nature permit were not issued quickly, Schiphol would have to significantly reduce the number of flights. That turned out to be an impassable road in The Hague, and so a permit was issued after all, one based on quicksand.
Environmental organizations such as Greenpeace and Milieudefensie have now challenged the permit. But before a judge has ruled on this, it will be months, if not years, further. And that is exactly part of the government’s tactic when it comes to Schiphol: stalling for time so as not to have to cancel flights.
It is unprecedented cynicism for the central government to make a decision that it knows will be challenged in court. In this way, the government is not only further destroying nature (by appealing to the economic importance of Schiphol), but also the trust that citizens have in the same government. Who will explain it to the farmer who has to sell his company because of the nitrogen rules? Who will tell other companies that cannot obtain a nature permit in this way and are therefore forced to close down?
With this way of acting, the government creates legal inequality that will be challenged everywhere: in the courtroom, at the permit counter, with the enforcement officers on the street. Companies like Schiphol can get away with anything – even with active help from the state. Ordinary entrepreneurs are faced with an increasingly strict government that is rolling out and enforcing climate measures. These are necessary, no discussion about that, but it is now made very easy for companies to oppose them by appealing to equal monks, equal hoods.
And that is the real damage that the government is doing with this. It shows that the Netherlands does not have to wait for the PVV when it comes to the erosion of the rule of law. It’s already happening, without Wilders.
The House rightly has serious objections to the entire course of events. Against polluting without a permit to begin with, but certainly also against the way in which a game is played here with everything and everyone. It would be good to confront Van der Wal with her own words. Open card now, minister: nature or economy?
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