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Coöperatie Mobilisation for the Environment U.A and others v. Executive Board of Province of North Holland (Vattenfall Power Generations Netherlands BV intervening) - judgment

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On September 9, 2019, and on April 10, 2020, energy company Vattenfall attained permits to construct and use a new biomass facility at an existing energy generation facility in Diemen, currently encompassing two gas facilities and a residual warmth facility. Several non-governmental organisations, including Cooperatie Mobilisation for the Environment UA (MOB) and Natuurmonumenten, and local residents, objected the permit due to concerns for negative effects on nature and their (living) environments due to harmful emissions, particularly nitrogen oxide (NOx), fine particulate matter (PM2.5) and CO2. Applicants argued that CO2 was not accounted for at all, but that the burning of wood pellets in this new biomass facility would lead to more CO2 emissions per unit of generated energy than a coal-fired plant. This increases the atmospheric concentration of CO2, accelerating global warming. They also argued that this violates the Paris Agreement, EU law and the national Climate Law.

On June 7, 2021, the District Court of North Holland ruled that the arguments of applicants related to CO2 emissions are not relevant to the permit procedure, since no evidence was presented on the direct and specific effects of CO2 emissions or global warming on the municipality of Diemen and it inhabitants. The evidence mostly referred to worldwide effects of CO2 emissions on the climate, rather than specific effects of the operation of the new biomass facility on the (direct) environment of the facility. Moreover, the court stated that, as affirmed in the Urgenda-case, the Paris Agreement lacks direct effects in the Dutch legal order. Third parties cannot directly derive rights or legal obligations from it. Even so, it is up to the Dutch government to decide which measures it takes to meet its climate targets, and the government has motivated its decision to pursue biomass on the basis because it views this  fuel as necessary for the energy transition, and biomass is viewed as a CO2-neutral ‘renewable energy source’ under the Paris Agreement. The court explicitly states that the ‘political-governance’ choice to use biomass as a transitional fuel, and whether this is indeed a suitable fuel that would allow States to meet their climate targets is not an aspect that can be considered during a permit procedure, or assessed by a court in a related procedure. Since biomass is considered a CO2-neutral energy source under the Paris Agreement, the court decides not to consider the applicants’ arguments and calculations related to CO2 emissions, definitions of biomass under REDD I and REDD II, carbon debt, regeneration periods for wood stocks, and carbon capture and storage. The case was dismissed on all counts.

Coöperatie Mobilisation for the Environment U.A and others v. Executive Board of Province of North Holland (Vattenfall Power Generations Netherlands BV intervening)

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

Terrestrial means "of the earth" and relates to the risks to ecological system that includes all living organisms and their interactions within land-based environments, such as forests, grasslands, and deserts.

A subsidy is a direct or indirect payment to individuals or businesses, typically provided as a government cash payment or a specific tax reduction.

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

Energy derived from biological compounds that are renewable due to their short life cycle within the carbon dioxide cycle.

This sector provides medical services, manufactures medical equipment, and develops pharmaceuticals to maintain and improve health.

Activities of businesses and institutions that provide financial services and products to individuals and organisations.

Air pollution involves harmful contaminants in the air, affecting both indoor and outdoor environments. It can lead to health issues like respiratory diseases and heart problems, and climate impacts such as global warming. Pollutants can damage plants, trees, habitats, and water bodies like rivers and lakes.

The activities of industries involved in the production, distribution, and sale of energy, including electricity, gas, and renewables.

This sector involves managing waste treatment, sanitation, pollution control and environmental cleanup.

People who are less able to respond to the effects of climate change due to having limited financial or physical assets

Any substance with chemical properties that can cause physical harm to people or damage the environment, including ammonia, carbon monoxide, phosphine, chlorine, arsenic, cadmium, mercury, pesticides, dioxins, microplastics, benzene, asbestos, aflatoxins, fluoride, methanol, and toxins from marine sources.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

Climate change can have a range of impacts on technological system. Extreme weather events can cause infrastructure failures like power outages or damage to roads and bridges, as well as the impacts from waste following natural disasters. Human activities also cause technological impacts, such as the risks posed by oil spillage and leaks.

Activities that involve the cultivation of crops and raising of livestock for food, fibre, and other products essential for human life and industry.

Coal is a combustible sedimentary rock formed from carbonised plant matter, rich in carbon and hydrocarbons, and occurring in several main types including hard coal and brown coal.

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

A company that is owned wholly or partially by the state, typically operating in key sectors.

Zoning and spatial planning are both methods for guiding the distribution of people and activities in a space, and are regulatory restriction.

Codes and standards are regulatory instruments that specify minimum standards to protect health and safety. This ranges from performance standards, which prescribe outcomes while allowing flexibility to achieve compliance, to the more prescriptive approach of technology-specific standards.

Activities of government agencies and institutions that provide public services, enforce laws and manage public resources.

Fossil gas, commonly known as natural gas, is a fossil fuel consisting chiefly of methane with smaller amounts of other hydrocarbons and trace gases, found in underground deposits.

Coöperatie Mobilisation for the Environment U.A and others v. Executive Board of Province of North Holland (Vattenfall Power Generations Netherlands BV intervening) - judgment

Policy instrument

Risk

Impacted group

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Finance