After the farmers, the industry now seems to be getting caught up in the nitrogen problem. Great doubt has arisen about the sustainability of nature permits from companies that emit nitrogen, since the East Brabant court annulled the provincial permit on 8 December for the Amercentrale, a power plant that runs on coal and biomass. Such a permit is required for business activities that could harm nature.
According to the province of Noord-Brabant, the ruling has “very great precedent” and threatens to make the expansion of factories more difficult.
The Amer power station in Geertruidenberg, owned by the German energy company RWE, was licensed for much greater nitrogen emissions than the plant actually emits – a practice that has been occurring nationwide for years. However, the court saw in it a license to emit much more nitrogen, without considering what effect this has on nature and whether further measures are needed. The factory can easily emit more “into the length of days,” the court ruled. She considers this irresponsible, given the state of the surrounding nature, which must be restored. Otherwise it is ‘mopping with the tap open’.
Noord-Brabant now has six months to get the permit in order. In the meantime, the power station, which supplies energy to Breda and Tilburg, may continue to operate. The province has indicated that it will appeal. The court has also been requested not to shut down the factory if there is still no solution after six months.
The lawsuit was filed by Mobilization for the Environment (MOB). In 2019, this environmental organization litigated against the nitrogen policy at the time up to the Council of State, and successfully. The highest administrative court then called the protection of nature in the Netherlands a paper reality, which did not exclude a deterioration of the situation. As a result of the ruling, construction projects were halted and farmers near nature reserves had to take extra measures to reduce their nitrogen emissions. In the long run, it may even be necessary to buy out or relocate farms.
Paper reality
The Brabant ruling, which in fact once again turns against a paper reality, could have major consequences for other companies. The permit of the Amercentrale, which is located next to National Park De Biesbosch, is exemplary for that of many more industrial and agricultural companies. Many of them have permits that allow them to emit more nitrogen than they do now.
It is not known in detail how many companies and what quantities are involved. Research platform Investico mentioned dozens of names in this regard this year, including those of Shell Moerdijk and packaging producer Ardagh Glass in Dongen.
Also read this piece: With the nitrogen fund of 25 billion, the provinces can fix it up
The generous size of many nature permits stems from a period when politicians in the provincial governments and the cabinet were insufficiently aware of the nitrogen problem and reduction of nitrogen emissions was not a high priority. Moreover, nature permits are updated less often than environmental permits. New environmental techniques often quickly lead to new rules, but there is no such regime in nature reserves.
Some companies are allowed to emit four to five times more nitrogen on the basis of old permits than they have been doing for years, says Johan Vollenbroek of environmental organization MOB. According to him, the risk is that they will later use the space or sell it to companies that lack the correct permit. “That way there will be no crack of nitrogen reduction and we will never solve this problem.”
In the opinion of the East Brabant District Court, these broad nature permits suddenly seem susceptible to destruction. Lawyers suspect that the ruling will also apply to companies elsewhere in the country. on the website Milieuweb wrote two lawyers on December 20 that the court explains in detail that the province is acting in violation of European nature law and that there is a good chance that the Council of State will adopt the judicial decision.
Mobilization for the Environment has already selected its next targets. The environmental organization points to Isover, manufacturer of insulation material in Etten-Leur, and plastic producer Sabic in Bergen op Zoom – two large chemical factories in the province. Requests to the province to limit their permits have now been sent out. If this does not happen, MOB will consider a similar procedure as for the Amercentrale.
Big companies
In recent years, the emphasis in nitrogen reduction has been strongly on livestock farming. After all, two thirds of national emissions come from farmers with their animals. The industry is responsible for 9 percent. Some factories have already taken measures to reduce emissions in recent years. For example, steel factory Tata Steel is installing a filter that will significantly reduce nitrogen emissions.
The Brabant deputy Elies Lemkes-Straver (CDA), former director of farmers’ organization ZLTO and responsible for issuing nature permits, points out in a response that the province had made additional agreements with the Amercentrale to reduce nitrogen emissions. She cites the ‘security of energy supply’ as the reason for requesting temporary permission to continue operating the factory if the problem is not solved within six months.
According to environmental activist Vollenbroek, the province is wrong to give the impression that companies are threatening to close as a result of the verdict. “Bad bullshit,” he says, “they just keep on producing.”
#Major #concerns #nitrogen #ruling #industry #standstill #construction #sector