Below is a summary of the The Hague court decision from 22 January 2025 in the case brought by Greenpeace Netherlands against the Dutch government for its inadequate measures to reduce nitrogen levels in the Netherlands.
A Storm on the Horizon
Some key findings from The Hague District Court are summarised below. But first, an observation. With this decision, one can see the storm coming. Surely, opponents of public interest class actions will argue that the judiciary is overstepping its role and encroaching on the legislature’s domain. I can already hear their rallying cry, roaring in the distance: “Once more unto the breach, dear friends, once more.”
However, a rational observer will carefully read the court’s findings in paragraphs 5.3 – 5.7, especially 5.6 – 5.7. It is not complicated. The State, of course, has the right and responsibility to legislate. However, the court's role is to ensure that the government and parliament act within legal boundaries. The judiciary can—and should—order the State to comply with its own laws. Leviathan should not be unchained.
Key Findings of the Judgment
Unlawful Actions by the State
The court finds that the State has acted unlawfully by failing to prevent the deterioration of nitrogen-sensitive nature in Natura 2000 areas. This failure is linked to the State’s inability to meet the statutory nitrogen target set for the end of 2025, and most likely, its failure to meet the target set for the end of 2030.
Statutory Nitrogen Target for 2030
The court partially grants Greenpeace’s request for a declaration of unlawfulness and orders the State to adhere to the statutory nitrogen target for 2030. This requires the State to ensure that 50% of nitrogen-sensitive nature areas are below the critical deposition value (KDW) by 31 December 2030. The court emphasises prioritising the most vulnerable nature areas, particularly those on the Urgent List.
The Penalty
A financial penalty of €10 million will be imposed on the State if it fails to meet the 2030 nitrogen target.
Immediate Enforcement
The judgment must be executed immediately, even if an appeal is filed.
Rejection of Other Claims
Other claims by Greenpeace, such as the demand that additional specific reduction percentages be set for the Dutch State, are rejected. These demands are deemed unfeasible or beyond the court’s authority.
