Nitrogen Crisis: Permit Required In More Cases, But Netherlands Stays Open For Business

The Netherlands urgently needs to do more to prevent the deterioration – whether existing or threatened – of Natura 2000 areas due to nitrogen deposition. This was recently confirmed by the District Court of The Hague in a lawsuit filed by Greenpeace against the Dutch state (in Dutch). Under the Habitats Directive, the Netherlands must: (i) establish conservation measures for these nature areas (Article 6(1)), and (ii) take appropriate steps to prevent natural habitats and the habitats of species from deteriorating (Article 6(2)).

Also, on 18 December 2024, the highest administrative court, the Council of State, issued two rulings indicating that internal offsetting (intern salderen) will now require a permit. The court also clarified situations where using latent room in environmental permits for internal or external offsetting is not possible.