Wapse/Diever/The Hague – Normal cubic meter or standard cubic meter. That is the technical issue on which the Council of State may rule in the lawsuit over the controversial gas extraction of Vermilion near Wapse.
The answer will make it clear whether Vermilion and the Ministry of Economic Affairs have wrongly devised a trick to avoid an environmental impact assessment.
The matter was discussed by the Council in The Hague on Monday. At the beginning of March, the Council decided that Vermilion could continue with gas extraction for the time being, but could extract slightly less gas from the ground. The Council is now considering the core question at the request of Vermilion and the ministry, after they lost the first battle in the legal battle with Milieudefensie in the Groningen court.
Clarity
They want clarity from the Council about the regulations for carrying out an environmental impact assessment. That regulation only mentions cubic meters as the standard for gas extraction. Vermilion and the ministry have interpreted that standard as normal cubic meters.
That served them well, because with that standard the calculation was favorable for a permit that Vermilion wanted to apply for. The amount of gas that would be collected daily remained just below the limit of 500,000 cubic meters. Above this, an environmental impact assessment is required. And Vermilion prefers to avoid this, because such a report may show less favorable effects for the environment, which endangers gas extraction.
Milieudefensie Westerveld
Milieudefensie Westerveld objects to this trick and was therefore vindicated by the Groningen court. He found that the explanation of Vermilion and the ministry did not fit in with the regulations for environmental impact assessments. According to their calculations, the permit for Vermilion exceeds the limit of 500,000 cubic meters of gas. So an environmental impact assessment was required.
Salami tactics
In the eyes of Milieudefensie, this is a pure example of salami tactics. A permit is requested for a small production. And again later. In both cases, no extensive environmental research is required. If a permit is requested for a large quantity of gas at once, such an investigation is unavoidable.
According to Milieudefensie, Vermilion had long been planning to extract more gas from the ground. After the permit was annulled by the court, the company applied for a new permit for a much larger production of gas.
Principle
The Council of State may now resolve the matter, which is mainly of principle for the ministry. The ministry and Vermilion say that it is customary in the Netherlands to use the standard they have chosen for gas extraction. On the other hand, the rules for making an environmental impact assessment have been established by the European Union. According to the chairman of the Council of State, this cannot simply be changed. Moreover, the rest of Europe uses a different standard.
The Council will make a decision in six weeks.