Court finds state violated human rights by allowing excessive farm odors
A landmark ruling from the Hague Court of Appeal has found that the Dutch state violated the human rights of rural residents by failing to protect them from excessive livestock odor. As a result, at least 1,300 livestock farms may need to reduce the number of animals they house, according to an analysis by investigative platform Follow the Money (FTM).
The ruling stems from a case in March, in which two residents argued that the odor from nearby livestock farms violated their right to a healthy living environment. Their homes recorded odor levels of 34 and 57.6 “odour units” (ou), well above the newly established court threshold of 25 ou.
According to a report commissioned by the Ministry of Infrastructure and Water Management, over 2,000 farms in the Netherlands generate odor levels high enough to potentially infringe on residents' rights. The report was used by FTM to assess the broader implications of the court’s decision.
The Ministry acknowledged receipt of the advisory report but has not yet taken a firm position. The Dutch government has until the end of June to appeal the court's ruling.
Odor pollution is quantified using human senses. A panel of trained "noses" assesses air samples, which are diluted until the odor is no longer detectable. For example, air with 25 ou requires nearly 34 million cubic meters of clean air to remove the odor.
Long-term exposure to high levels of odor can cause various health issues, including headaches, dizziness, breathing problems, and sleep disturbances. Residents affected by the pollution often avoid opening windows, staying outdoors, and engaging in social activities.
Hugo van Belois, an environmental hygiene engineer and odor expert, criticized the 25 ou threshold as too lenient. He told FTM that levels as low as 5 ou should be considered barely tolerable, as they already prompt people to alter their daily routines.
Approximately half of Dutch livestock farms exceed the 5 ou threshold, with one-third exceeding 10 ou, which the Municipal Public Health Services (GGD) categorize as "unacceptable."
The issue of odor pollution is reportedly linked to previous regulatory decisions. In 2007, a law was passed to address livestock odor by setting the odor limit at 14 ou. However, experts argue that the law failed to provide adequate protection for residents, as farms with pre-existing permits were still allowed to emit high levels of odor. Critics also point out that some municipalities allowed odor limits to extend to 35 ou, which led to continued exposure for residents.
While the National Rural Area Program (NPLG) recognizes the need to reduce odor nuisance, provinces have not received clear guidance on how to proceed. Between 2019 and 2021, the state reportedly purchased 278 pig farms due to odor-related issues, but the program fell short of its goals.
