press release

ClientEarth and others v. Flemish Region - press release

Litigation

Sabin

Filing Year For Action

In 2021, Flemish authorities announced their approval of petrochemicals giant INEOS’ plastics plant project ('Project One') in the Port of Antwerp, Belgium. 

ClientEarth and 13 other NGOs argue that this project would have tremendous and inadequately assessed environmental impacts, namely in the form of plastic pollution and climate change exacerbation. As a consequence of these concerns, these NGOs submitted an appeal against the permit to the Flemish Ministry of the Environment in early 2022. They argued, in particular, that the permit’s Environmental Impact Assessment (EIA) failed to meet the legal requirements and should not be granted. 

This appeal was dismissed in June 2022. A month later, the NGOs announced that they would bring the Flemish authorities to court to challenge this decision to dismiss their appeal. They argue that "INEOS has so far failed to present an adequate assessment of how the project would impact the climate, nature and surrounding air quality – all of which are likely to suffer significantly if the project goes ahead," and that "the Flemish authorities approved the project without first fully assessing its impacts – making the approval illegal according to EU and national laws." 

In July 2023, the Council of Permit Disputes ("Raad Voor Vergunningsbetwistingen") ruled in a parallel case brought by Dutch authorities in Belgium that INEOS failed to tell Flemish authorities the full extent of its project's predicted impact on the environment, so much so that these authorities should not have granted the project's approval. Accordingly, the project has been suspended, and ClientEarth and others' case is concluded since the underlying permit is now void.