Greenpeace: The time for evasions and postponements is truly over
The Hague, January 22, 2025 – In the court case filed against the Dutch government by Greenpeace Netherlands, the court in The Hague has ruled in favour of the environmental organization. The court concluded that the government has acted unlawfully and is doing too little to prevent the degradation of the most vulnerable nature areas. As a result, the court has ordered the government to bring 50% of nitrogen-sensitive nature areas within the Critical Deposition Value (CDV) by 2030, with priority given to the most vulnerable habitat types, such as those found in the Veluwe, a biodiversity-rich nature reserve in central Netherlands. If this target is not met by the end of 2030, the government will face a penalty of 10 million euros.
Unlawful action
The court provided an extensive analysis of the current situation regarding nitrogen and the state of Dutch nature. The high levels of nitrogen deposition are causing nitrogen-sensitive plant species to disappear or decline in quality. This leads to less biodiversity, which is crucial for the resilience of nature and the maintenance of important processes like crop pollination. According to the Birds and Habitats Directive, vulnerable nature should not be allowed to deteriorate. The court concluded that the government has not taken sufficient measures to prevent the degradation of the most vulnerable natural areas, making its actions unlawful. Greenpeace Netherlands Executive Director Andy Palmen: “The government has systematically ignored the nitrogen problem, resulting in the deterioration of nature over the past years, and this is ultimately a problem for all of us. The government has wasted valuable time and failed to take necessary steps.”
Government’s defense unconvincing
The court did not accept the government’s defense that it had already taken many steps to reduce nitrogen emissions and that sufficient new measures were in the works. According to the court, this government has actually scrapped important plans made by the previous cabinet, such as the National Program for Rural Areas and the Transition Fund, leading to much less funding being available.
Prioritizing the most vulnerable nature
Currently, efforts to comply with nitrogen targets do not prioritize areas where the need is most urgent. The court ruled that this is in conflict with regulations. It now demands that priority be given to the most endangered nature types. This means that areas like the Veluwe should now be prioritized.
It is now up to the government to implement measures that will reduce nitrogen deposition in the most vulnerable nature areas by the end of 2030. Greenpeace argues that farmers who are already practicing sustainable agriculture, like organic farmers, should be protected, and farmers who wish to transition should be supported.
Penalty
It is noteworthy that the court has imposed a penalty of 10 million euros if the government fails to comply with the ruling. “This conveys an important signal. It’s a back-up measure, but the real driving force should be the fact that nature is collapsing, construction workers and businesses are calling for action, and farmers need clarity about the future,” says Palmen.
Legislative change
In the past week, and following this ruling, some coalition parties have called for a change in the law. Palmen: “This is truly shocking. Nature is deteriorating and in the long run this will have significant consequences for society as a whole. Changing the law will not solve this problem. It’s not only an irresponsible response, but also an unrealistic one. The court’s ruling remains valid, even if the law is changed now. This means that removing the targets from the law is pointless: the government must act now.”
