The nature permit of Schiphol Airport was annulled by the court on Wednesday. The airport now needs a new permit, otherwise Schiphol is operating illegally.
The lawsuit regarding Schiphol’s nature permit was filed by several nature and environmental organizations. They believe the permit was wrongly issued in 2023. Schiphol received the permit that year after operating for years without one – against the rules.
The court finds that the permit was not sufficiently prepared and not well enough substantiated. Nitrogen is central to this. The nitrogen emissions from aircraft end up on ten protected nature areas. To compensate for this, Schiphol bought out nine farmers, among other things.
Mobilisation for the Environment (MOB) objected to this. The Dutch organization believes that less nitrogen should first end up on the protected nature. Only then may Schiphol use the ‘nitrogen space’ that has been released by buying out farmers.
The court finds that when granting the permit, the Ministry of Agriculture did not properly assess whether nature needs the nitrogen space and therefore overturns the permit.
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The ruling does not immediately mean fewer flights from Schiphol.
The court’s judgment does not mean that fewer flights are immediately allowed from Schiphol. MOB had also submitted a request to the ministry to take enforcement action against Schiphol. The ministry refused to do so. The court rules that this was justified.
When the then Minister of Nature and Nitrogen refused to take action against Schiphol, the nature permit had already been granted. The law was therefore not being violated at that time. The fact that the permit has now been revoked by the court does not change the minister’s decision at that time.
However, the annulment of the permit means that a request can be made again to take action against Schiphol. An appeal against the court’s decision can still be lodged with the Council of State.