News Nitrogen
Judge: FrieslandCampina biocentrale is not allowed
The Overijssel court has canceled the permit of Brouwer Biocentrale in Balkbrug and 3 other comparable installations in the province. This is because it has not been made clear how much deposition the power station causes on surrounding nature, and there is also no legalization program available with possible nitrogen space.
This is what the court has distinct identity. in a case brought by the MOB cooperative against the province of Overijssel and Brouwer Biocentrale. This biomass power station is planned to supply green energy for the cheese factory of FrieslandCampina in Balkbrug, which means that this company does not have to use any or less gas. This argument was also put forward by Brouwer and the province as a consideration for granting a permit after all.
The court counters this by saying that nothing has yet been said about the possible harmful effects that the emissions from the biomass plant have on nearby nature reserves. There should be more clarity about this first. The center also hoped to appeal to leniency, because it is a PAS reporter. The court does not agree with this either.
No prospect of legalization of PAS reporters
According to the court, the government has not yet provided any insight into the way in which PAS reporters can be legalized. Also, no nitrogen space is available yet. Statements by the national government that for the time being no enforcement action will be taken against companies without proper permits, the court leaves at the expense of the government. The court will assess the existing situation against the legislation as it currently applies.
For action group Farmers Defense Force, the ruling is a reason to emphasize to push for more action from Minister Van der Wal to quickly draw up an assessment framework. If necessary, FDF wants to force the development of an assessment framework through the courts. The Overijssel court will soon start hearing cases from 33 cattle farms in Overijssel, which also do not have a valid nature permit. MOB believes that the government should also take enforcement action against this. Farmers' organizations fear that the judgment of the judges will then go in the same direction as in the case with the biomass plants.
The minister is still considering further action. In a letter to the Lower House she reports that she is joining an appeal from the province of Noord-Brabant against the recent decision of the court in Den Bosch about the Amercentrale. This is a similar issue. In the meantime, an inventory is being made of the latent nitrogen space that exists in the Netherlands and what can be done with it.
Klaas van der Horst
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