Action group Milieudefensie is a very good chance of winning the lawsuit on clean air in the Netherlands, say professors at RTL Z. That would mean that should take the Dutch state measures against polluting vehicles, wood stoves and agriculture. Meanwhile, the city of Utrecht already look what it can do itself.
Again drag a task force the state to court. Following the historic judgment that climate organization Urgenda commanded that the state must reduce CO2 emissions, Friends now demands that the air quality throughout our country must meet European standards. According to the organization are going through bad air before thousands dead each year.
‘More concrete case
Experts Milieudefensie has a good chance to win the case. “This is a concrete case and is very likely to succeed,” says professor of constitutional law Voermans of Leiden University. “The European directive is quite different from the climate in which Urgenda focused on. This Directive is as concrete as a law and states that this should be achieved in a given time. Netherlands can thus be held accountable, there is much jurisprudence about. “
Well Voermans gives a caveat. There must be scientifically established that the Netherlands does not meet the air quality standards. Voermans “All the RIVM [National Institute for Public Health and Environment, ed.] Mention the norm since 2011 will not be achieved.”
Staff Milieudefensie sizes last year how polluted the air The Hague:
Differences Urgenda
Also, according to professor of environmental Gerrit van der Veen of the University of Groningen, the case of Milieudefensie succeed. “If the court jurisprudence of Urgenda follows Milieudefensie good state. As there are differences. Regarding the direct link between air quality and harm the health condition Milieudefensie better for it. But a lot depends on the appeal Urgenda case. it will decide the court or the court has jurisdiction to enforce measures in political bodies. this has many implications for this decision. “
also Voermans reflects this appeal. “At Urgenda will probably be finished in the autumn. The case law indicates the case in the Appeals no chance.”
But that does not mean that Milieudefensie not get what it wants. Van der Veen: “An appeal is possible in this case, but remaining international obligations, so I can imagine that the state thinks. Let’s begin these measures Although it remains a political choice, they can say..: we do not otherwise follow even more lawsuits. “
What if Milieudefensie wins?
In the summons Milieudefensie a number of practical suggestions on how the state can meet its obligations. So should old polluting cars are replaced quickly by electric vehicles which must be fiscally attractive. Also, there could be a more stringent guideline for wood stoves and agricultural emissions must be reduced further.
Meanwhile, local governments already working on their own measures. For example, the city of Utrecht is currently examining the environmental zone can be extended. Since July 2007 Utrecht wards as the first city in the Netherlands vehicles without particulate filter from the center. Since 2015 also have diesel cars and -bestelwagens of 2001 a fine if they drive into the environmental zone
The current Environmental zone in Utrecht mainly cover the center:.
“We have evaluated the environmental zones and results in cleaner air. Though the environmental component of a broader package of measures,” the city of Utrecht tells RTL Z. “we now investigate whether we can broaden the environmental zones, or enlarge and deepen. Here we check if there are no more vehicles should be covered, such as mopeds, and we look again at the age.”
Utrecht GroenLinks alderman Lot van Hooijdonk joins here. “The government should hold to guarantee the health of our citizens a much greater role. On the highway 130 kilometers per hour is pure politics, the benefits are barely even discussed. The minister said only that” for the satisfaction of the motorist “was.”
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