Dutch Minister for Nature and Nitrogen Policy, Christianne van der Wiersma, is moving forward with a plan to raise the lower limit for nitrogen deposition, despite warnings from the Council of State regarding its legal vulnerabilities. This decision aims to provide relief to farmers, builders, and entrepreneurs whose projects have been stalled due to stringent nitrogen regulations.

The proposal involves increasing the lower limit for nitrogen deposition on vulnerable natural areas to 1 mol per hectare per year, a significant rise from the current 0.005 mol. Wiersma believes this adjustment will allow projects that fall below the new limit to proceed without requiring permits, thus easing the burden on various industries.

However, the plan has faced skepticism from jurists, the Council of State, and a significant portion of the House of Representatives. Concerns stem from the Council of State’s 2019 ‘nitrogen ruling,’ which emphasizes the need for demonstrable contributions to nature restoration before granting nitrogen permits for any project. Critics argue that simply raising the lower limit does not address the fundamental requirement of proving that robust measures are in place to protect vulnerable nature areas.

Despite these concerns, Wiersma remains resolute, stating that risks are inherent in policymaking. She intends to introduce the calculation-based lower limit into an ongoing legal process, allowing a judge to rule on its validity. This approach anticipates potential appeals to the administrative jurisdiction department of the Council of State and even the European Court, given the European agreements underpinning current nature protection policies.

Reactions from the House of Representatives have been divided. Caroline van der Plas, leader of the BBB party, strongly supports the move, viewing it as a crucial step towards providing much-needed breathing room for farmers and builders. Conversely, the D66 party expresses concern that Wiersma’s approach could lead to legal setbacks, ultimately offering false hope to those affected.

Entrepreneurs, builders, nature organizations, provinces, and eight municipalities around the Veluwe have voiced apprehension that the minister’s plan will face challenges due to the perceived lack of robust nitrogen reduction measures.