The court has rejected Schiphol Airport’s nature permit due to insufficient justification regarding nitrogen emission offsets, marking a setback for the airport’s operations and raising questions about national nitrogen policies. While the immediate consequences for Schiphol are limited, the ruling necessitates a revised permit application and potentially opens the door for enforcement requests.

The core of the issue lies in Schiphol’s practice of purchasing farms to offset its own nitrogen emissions. The court found that Schiphol had not adequately demonstrated that the emission reductions from these farms were not already essential for nature conservation efforts. This requirement, also applied to compensatory measures within Schiphol’s own site, stems from the Netherlands’ obligation to maintain the health of its nature reserves.

Environmental organizations, including MOB, Greenpeace, and Milieudefensie, challenged the permit, questioning the number of flights Schiphol aimed to accommodate. While the court sided with the airport regarding flight numbers, it ultimately agreed with the environmental groups on the nitrogen offset issue.

Schiphol plans to appeal the judgment while simultaneously working on a new permit application. The airport acknowledges the need for a national solution from the government to enable nitrogen trading.

MOB chairman Johan Vollenbroek expressed satisfaction with the ruling, suggesting the money spent on nitrogen trading was wasted. He believes Schiphol cannot obtain a legally sound permit without an effective national nitrogen policy and is considering submitting an enforcement request if the airport and the government do not substantially reduce the number of flights.

Documents revealed that ministry officials anticipated the court’s decision and proceeded with issuing the permit, viewing a court ruling as a way to buy time for other solutions.