Stichting Stikstofclaim wants to have the Aerius nitrogen model inoperative through the courts. The organization has summoned the State to cancel Aerius, which is used, among other things, in licensing. This summary proceedings will be heard before the court in The Hague on February 28, Stikstofclaim has announced. The foundation is also preparing a case against the buffer strips and the loss of derogation specific areas.
Nitrogen Claim (SSC) issued the summons on 7 February 2023 together with a PAS reporter. The parties had Christianne van der Wal, the Minister of Nature & Nitrogen, in mid-December summoned to sideline Aerius until there is a scientific basis for the outcomes the model produces. Nitrogen claim says in the statement that the ministry has subsequently had contact with lawyers from the foundation and the PAS reporter on several occasions. However, this has not led to a change of attitude at Van der Wal, but a letter from the minister clearly indicated that Nitrogen claim shares.
The Ministry continues to believe that the Aerius Calculator is currently the best available, in accordance with the latest state of science and technology. This means that Aerius also meets the legal requirements. It is striking, however, that in the final agreement the ministry has reduced the role of Aerius in licensing by designating it as a 'supporting instrument' in the decision-making process. "It is only one of the elements for an appropriate assessment of the application."
Claim of buffer strips and land users of water collection areas
In addition, Stikstofclaim, together with various affiliates, is preparing a claim against the Minister's intention to establish 1 buffer strips along watercourses as of 23 March and to deprive land users in groundwater extraction areas and Natura2000 of the possibilities to use the generous fertilizer placement standards within the derogation. As soon as the opportunity arises, according to Nitrogen Claim, the State will also be summoned in this described claim.
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