Case Summary
The Administrative Jurisdiction Division of the Dutch Council of State (ABRvS) examined the legal robustness of the AERIUS Calculator as a tool for environmental assessment and decision-making. The decision made on 17 May 2017, affirmed that the AERIUS Calculator could be used as a legitimate tool for calculating nitrogen deposition, provided it adhered to specific conditions ensuring its reliability and accuracy. The court acknowledged the complexities involved in predicting nitrogen deposition but ultimately ruled in favor of the government, emphasizing the importance of balancing environmental protection with economic development. On 7 November 2018, the Second Chamber of the Council of State in the Netherlands overturned several permits issued based on AERIUS assessments, highlighting flaws in the tool’s methodology and the lack of transparency in its algorithms.
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