The Minister for Nature and Nitrogen Policy, Wiersma, has been warned by her own civil servants about the legal vulnerabilities of a new nitrogen calculation threshold she intends to implement. This threshold is designed to allow farmers, builders, and entrepreneurs to proceed with permits by potentially lowering their nitrogen emissions below a set limit.

The Directorate-General for Rural Areas and Nitrogen cautioned Wiersma that this approach risks creating false certainty for thousands of entrepreneurs, similar to issues encountered with previous nitrogen policies such as the Programmatic Approach to Nitrogen (PAS) and the ‘building exemption’. These past attempts to grant nitrogen permits without demonstrating a contribution to nature restoration were rejected by administrative courts, resulting in permits being revoked for many who believed they were operating legally.

Civil servants have advised the minister to first subject her proposal to a legal test case before implementation to avoid repeating past mistakes. They also emphasized the necessity of a robust and effective package of measures demonstrably reducing nitrogen deposition in vulnerable natural areas.

Wiersma aims to introduce the new calculation threshold this year and subsequently seek a test case to be reviewed by a judge and the Council of State. This entire process could take between one and one and a half years.

Despite the warnings and critical questions from the House of Representatives, Wiersma stated that she will proceed with her plan, acknowledging that while her civil servants highlight risks, the final assessment is her responsibility.

Several factions in the House of Representatives plan to challenge the minister’s decision with motions. There are concerns that the minister is creating false expectations and potentially paving the way for an even larger nitrogen crisis.