In many cases, the judge ruled in favor of environmental organizations that oppose the nitrogen policy of the State of Overijssel.
The Environmental Mobilization and Environment Association had filed 29 lawsuits related to emissions from farms. In any event, the Overijssel court ruled in favor of environmental organizations yesterday. This is another blow to nitrogen policy in the Netherlands.
The companies are located close to Natura 2000 areas. Most of these nature reserves have been struggling with nitrogen problems for some time, but since the PAS decision of the Council of State in 2019, no extra nitrogen may remain in these areas. vulnerable, because too much nitrogen precipitation is harmful to nature. The judge ruled that the state of Overijssel had not taken this sufficiently into account.
Emissions from stables
11 of the cases wrongly granted nitrogen permits. Farmers who want to cultivate may only do so if it causes no further damage to nature. By applying techniques that separate manure and urine in the barn, in theory less nitrogen remains in nature.
In practice, the judge does not find this convincing. According to the judge, it is doubtful whether low-emission housing systems lead to the expected reduction in nitrogen emissions in these circumstances. Therefore, the court is revoking the permits and the province must reconsider the issue.
Grazing and fertilization
In eight trials, the question was whether the nitrogen emissions outside the barn were significant. The national government and states believe that farmers only need nitrogen permits for animals that are kept in stables. Nitrogen emissions from livestock in pasture or manure storage or spread over the land are not counted on paper.
Environmental groups have repeatedly urged the state to take action, as farmers are not licensed for nitrogen emissions outside the barn. The state denies this, but according to the judge does not justify it sufficiently. The national government must now ask itself whether the negative effects of grazing and fertilization on protected natural areas have been overlooked.
PAS detectors
Other matters concern so-called PAS reporters. The group of approximately 3300 agricultural companies throughout the Netherlands does not have a nitrogen license because, according to the government, this was not necessary. For these predominantly agricultural companies, one message was enough because they emit very little nitrogen. Due to the PAS decision taken in 2019, these companies suddenly started operating illegally.
The government tolerates companies because whey detectors will receive a permit in the future and release less nitrogen. The judge believes that the state of Overijssel should come up with better arguments to explain why the execution was not necessary. It is not the first time since a judge has ruled that the state must take action against a number of other PAS reporters.
In a response, the State of Overijssel says it will investigate the statements “to think later about the impact it should have given to those statements”.
Earlier this year, the government asked Nitrogen Minister Van der Wal to intensify the nitrogen approach. Overijssel is not the only province with nitrogen problems. Other provinces and the national government are also struggling with nitrogen policy, as a result of which, for example, new road and housing projects are increasingly rushed.
Source: NOS
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