No provisional restrictions on gas extraction in Groningen

Gepubliceerd op 5 januari 2017

The interim relief judge from the Council of State's Administrative Jurisdiction Division has decided that gas extraction from the Groningveld will not be limited further than the 24 billion cubic metres per year that was set by the Minister of Economic Affairs at the end of September 2016. This was stated in an interim judgment today (5 January 2017). Having weighed up all of the corresponding interests, the interim relief judge sees no reason to further reduce gas extraction, while awaiting a final judgment.

Several residents of the province of Groningen had asked the judge to halt gas extraction completely or reduce gas extraction to a maximum of 12 billion cubic metres per year. According to them, gas extraction corresponds to financial damage and substantial safety risks. Additionally, earth tremors have led to a sense of insecurity among the residents of the province of Groningen.

Urgent procedure

In the judgment, the interim relief judge from the Council of State's Administrative Jurisdiction Division, states that an 'interim relief case does not lend itself well to a final judgment on lawfulness', regarding the decision made by the Minister of Economic Affairs. Further research is required for a thorough investigation of all of the objections to the gas extraction decision. This is not possible in an urgent procedure such as the present one. The interim relief judge has therefore provided an interim judgment after considering all the interests involved.

Consideration of interests

While awaiting a final judgment, the interim relief judge sees no reason to bring gas extraction to a halt or to further reduce levels to under the 24 billion cubic metres that has already been permitted by the minister. In relation to the judgment by the Administrative Jurisdiction Division on 18 November 2015, there are no new facts or circumstances that would lead to the interim relief judge deviating from the earlier judgment and further reducing gas extraction. The major consequences of gas extraction for the residents of the province of Groningen were encompassed within the judgment of November 2015. These considerations led the Administrative Jurisdiction Division to reducing gas extraction levels to 27 billion cubic metres per year. In 2013, this figure was 53.9 billion cubic metres per year. Moreover, since 18 November 2015, there have been no more or stronger earth tremors than in previous years. In addition, the (partial) suspension of gas extraction would have far-reaching consequences for households, institutions and businesses in the Netherlands and the surrounding countries, according to the interim relief judge.

Hearing

The Administrative Jurisdiction Division is expected to hold a hearing in May or June 2017 during which all 25 objections against the minister's decision will be thoroughly examined. A final judgment in this case will then be issued. The date of the hearing will be announced by the Administrative Jurisdiction Division in February.

Gas extraction

The decision by the Minister of Economic Affairs of September 2016 enables 24 billion cubic metres of gas to be extracted from the Groningenveld each year. Limited extra gas may be extracted during particularly cold winters or harsh conditions. The NAM must submit a new extraction plan to the minister by 30 September 2020; this must include and discuss the most recent insights concerning seismic issues and risks.