The court has revoked Schiphol Airport’s nature permit due to non-compliance with nitrogen regulations, a decision that aligns with earlier warnings from civil servants and objections from environmental organizations. Despite the revocation, the immediate impact on Schiphol’s operations is limited.
The ruling centers on Schiphol’s nitrogen offsetting practices, particularly the purchase of farms to compensate for emissions. The court found that Schiphol had not adequately demonstrated that the emission reductions from these farms were not already necessary for nature conservation, a key requirement for nitrogen trading.
Environmental groups like MOB, Greenpeace, and Milieudefensie challenged the permit, questioning the number of flights Schiphol claims it is entitled to operate. While the court sided with Schiphol on the flight volume issue, it agreed with the environmental groups on the nitrogen offsetting issue.
The Dutch government has been aware of the potential legal challenges to Schiphol’s permit. Internal documents reveal that civil servants had cautioned that the ministry’s interpretation of nitrogen trading rules might not withstand judicial scrutiny.
Schiphol can submit a revised permit application with better justification for its nitrogen offsetting measures or appeal the court’s decision. The Ministry of Agriculture will reassess any new application.
Until 2023, Schiphol operated for decades without a nature permit. While the airport’s permit has been revoked, the judge rejected a request to force the government to enforce the law directly.