The District Court of The Hague has annulled the nature permit granted to Amsterdam Schiphol Airport in 2023, ruling that the decision by the then-Minister for Nature and Nitrogen was not sufficiently substantiated or carefully prepared.
The permit, which was required due to the airport’s potential environmental impact on nearby Natura 2000 sites, no longer holds legal validity. The ruling follows legal challenges by environmental group Mobilisation for the Environment (MOB) and the municipality of Nieuwkoop.
At the heart of the case was the government’s reliance on “internal” and “external” offsetting of nitrogen emissions to justify the airport’s continued operations. The court acknowledged that the historical flight data and nitrogen calculations were mostly accurate, but found that the minister failed to meet the legal requirement of “additionality”—ensuring that emission reductions are first allocated to nature restoration before being used for new permits. Additionally, too little research was done into the noise impact of air traffic on protected species in three nature reserves.
In a related decision, the court rejected MOB’s request to enforce environmental penalties against Schiphol, noting that the airport held a valid permit at the time the request was filed. While the permit has now been invalidated, this does not retroactively affect the ministry’s decision not to act. The ruling leaves Schiphol without a valid nature permit, raising serious questions about the legal basis for its ongoing operations.
This post was published on 4 June 2025 17:02
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