Confidential report warns Amsterdam faces legal risks over climate policy
The city of Amsterdam could be at legal risk if it fails to take stronger action on climate change, according to a confidential legal report prepared by law firm NautaDutilh. The findings were reported by De Telegraaf, which cited sources close to the municipal government.
The report was commissioned by the city itself to assess legal responsibilities and risks related to sustainability policy. According to De Telegraaf, the report has not been shared outside the municipal civil service due to concerns within the Legal Affairs department that publication could lead to legal complications for the city.
According to the newspaper’s reporting, NautaDutilh concluded that Amsterdam is legally required to help protect residents from the effects of climate change. The firm stated that if the city does not meet this obligation, it could be in violation of the European Convention on Human Rights. The report also says the city must contribute its share to climate protection efforts.
According to the report, citizens or interest groups could file lawsuits to force the city to take additional measures or challenge permits. The national government could also step in and require action. NautaDutilh warns that either scenario could result in reputational damage.
De Telegraaf reports that the legal advice includes recommendations for Amsterdam to set measurable interim goals and to show that its policies are effective. The report states that the city must go beyond general efforts and provide evidence of results.
The newspaper also reported that Amsterdam’s greenhouse gas emissions outside the city are estimated to be seven times greater than those within city limits. These include emissions from suppliers and transport. So far, the city has not set targets for reducing those emissions. NautaDutilh reportedly noted that such "scope 3" emissions were an important factor in the climate case against Shell and said governments could also be held responsible for them.
The report also warns that legal procedures could delay or disrupt various phases of area development projects, including housing plans. De Telegraaf described this as a financial risk for the city.
The newspaper said the report mentions the cruise terminal in Amsterdam as an example of a complex issue. The city does not plan to close it before 2035 for financial reasons. It also noted that the city had previously considered promoting plant-based food but has taken limited steps in that direction.
According to De Telegraaf, the report advises Amsterdam to focus less on short-term interests and more on long-term sustainability obligations. The law firm also concluded that the city may face difficult choices as it tries to meet both legal requirements and policy goals.
