Nitrogen Minister Christianne van der Wal said NRC a nature permit against the advice of its highest official. This is a one-off exception: other companies cannot claim the relaxation. And yet, due to the strict nitrogen regulations, farms cannot expand and many construction plans have been halted.
According to Chris Backes, professor of environmental law (Utrecht University), it is legally indefensible that fewer requirements are imposed on Schiphol than on other companies. That is why Schiphol’s permit will probably not stand up in court.
Conscious delay strategy
The airport did not have a nature permit until September, which the cabinet tolerated, until this was no longer tenable and Schiphol was in danger of having to shrink. When Schiphol bought nine farms in the area early last year, the airport also took over their nitrogen rights.
Normally, this involves checking whether there are vulnerable nature reserves nearby that need restoration, but this was deliberately not done, according to research by NRC. ‘Unlike other companies, Schiphol can therefore fully use the purchased nitrogen rights to offset its own emissions.’
Documents requested by the newspaper show that the cabinet and Schiphol knew that the permit was probably not legally tenable. The way of working is aimed at slowing down the process, so that no enforcement is necessary and the shrinkage of Schiphol can be postponed. ‘Issuing a permit that involves legal risks’, the ministry writes, is part of that delay strategy ‘in order to gain time’.
Tags: NRC Minister Van der Wal relaxed nitrogen rules Schiphol nature permit
