Minister Wiersma is proceeding with a plan to raise the lower limit for nitrogen deposition, despite warnings from the Council of State and skepticism from various groups. This move, aimed at providing relief to farmers and builders, has sparked controversy and is likely headed for legal challenges.

The proposed increase is a key issue for the BBB and was part of the agreement of the previous cabinet. The goal is to allow projects below the new limit to proceed without requiring permits. Currently, the limit is 0.005 mol per hectare per year, which Wiersma plans to raise to 1 mol.

However, the Council of State advised against this, citing “significant risks” and legal vulnerabilities. Their 2019 nitrogen ruling emphasizes the need for demonstrable contributions to nature recovery before granting nitrogen permits. Critics argue that raising the lower limit won’t solve the underlying problem of excessive nitrogen deposition without robust measures to protect nature areas.

Despite these concerns, Wiersma stated that risks are inherent in policymaking. She intends to introduce the new limit into an ongoing process so that a judge can rule on it. This suggests that the plan is likely to be appealed, potentially reaching the European Court due to the basis of the current nitrogen impasse rooted in European nature protection agreements.

Reactions in the House of Representatives are divided. Caroline van der Plas of the BBB praised the decision, saying it will provide much-needed breathing room for farmers and builders. Conversely, D66 expressed concerns that Wiersma’s plan will face legal setbacks, offering false hope to farmers and entrepreneurs.