Cabinet to appeal court ruling that annuled Schiphol’s nature permit

The Cabinet will appeal the court ruling that annulled Schiphol’s nature permit, State Secretary for Nature Jean Rummenie wrote in a letter to Parliament. The state secretary must now reassess the permit application, even though an appeal has been filed.

The court in The Hague found that the permit was not sufficiently substantiated and annulled it in June of this year. The judge found that the minister at the time, as the issuing authority, had not sufficiently demonstrated that the airport’s permit would not harm nature. Schiphol had purchased several farms to free up nitrogen space, but the minister should have justified that this space was not needed first for restoring nature.

This case is part of a wider nitrogen emissions issue that has caused significant delays and legal challenges for many infrastructure and development projects across the Netherlands. Stricter nitrogen regulations were introduced to protect vulnerable natural areas from harmful nitrogen deposition, forcing projects like Schiphol’s expansion to prove their environmental impact is acceptable.

The invalidation of Schiphol's permit creates uncertainty around future growth plans and could affect flights and employment in the sector. Despite currently operating without a valid permit, Schiphol and the Cabinet emphasize the airport’s critical role in the national and international economy.

State Secretary Rummenie said it is “desirable” to appeal because of the major socio-economic and societal interests tied to the operation of the (inter)national airport. Schiphol had already filed its own appeal. The appeal process may take several months or longer, during which the permit application will be reassessed.

Similar permit challenges related to nitrogen emissions have also impacted other major Dutch projects, including housing developments and infrastructure works, highlighting the ongoing struggle to balance environmental protection with economic growth.

The case was brought by several environmental organizations, the municipal council of the Zuid-Holland municipality of Nieuwkoop, and the Amsterdam city executive.