Dutch court carbon capture project ruling alarms building sector

Rotterdam's planned project "Porthos", which would be Europe's largest carbon storage and capture facility, is expected to reduce the country’s annual CO2 emissions by around 2%.

However, the court ruled that the project's impact on the environment had to include nitrogen emissions. This was based upon an exemption granted by Dutch government for all building activities. The court also cited European law as a violation.

The court stated that it would take more time to decide whether the project was allowed. It was developed by a consortium consisting of Royal Dutch Shell , Exxon Mobil , Air Liquide, Air Products and Air Liquide (APD.N ).

The ruling of the court on nitrogen exemption could have profound consequences for many major construction projects in the country that have taken advantage.

Rob Jetten, climate minister, said that "it now appears that this ruling will delay projects needed for the energy transition by approximately six months to two years". This is a very bitter pill, as many sustainable projects, once they are built, actually reduce nitrogen emissions.

The ruling was called "dramatic" by the Dutch builders' association. It stated that all projects not yet licensed would have to apply for an individual environmental permit. This will lead to huge delays that could have serious consequences for the Dutch economy, energy transition, and house hunters.

This ruling is the culmination of a long-running legal battle to reduce nitrogen oxides emissions, which can pose a threat to certain types of plants and animals that eat them.

The case was brought by environmental groups who challenged the exemption through the Porthos project. They questioned its environmental merits, and argued that it was a subsidised way for companies to continue emitting greenhouse gases.

The Netherlands has suffered for years from high nitrogen emissions. This is due to a large number of livestock, heavy fertilizer use by farmers, and traffic and construction in densely populated countries.

After the Council of State in 2019 ruled that Dutch farmers and builders had violated European laws, the nitrogen exemption was established. This severely crippled construction.

The Dutch government wants to reduce nitrogen emissions by half by 2030. However, it has not yet determined how exactly it will achieve this goal.

The court will then decide whether permits are granted for the project after environmental NGOs have had six weeks to comment.

The Dutch government awarded subsidies worth nearly half a billion euro to the project last year.

Our Standards

Share this article: