The Council of State annuls the permit for a biomass power plant of Bee Green in Visé due to nitrogen. The biomass power plant would emit nitrogen into valuable nature in Wallonia, Flanders and the Netherlands. In response, 5 Flemish, Walloon and Dutch NGOs went to the Council of State. This is the first nitrogen ruling in Wallonia and an important precedent.
Bee Green applied for an environmental permit for a biomass power plant in the Meuse Valley in Visé. This installation would cause nitrogen emissions in the nature reserves in Wallonia, Flanders and the Netherlands. The environmental organisations Good Life in the Jeker Valley, Dryade, Limburg Environmental Federation, Nature and Environment Federation Limburg and Milieu Front Eijsden then approached the Council of State.
The NGOs sought the annulment of the permit due to nitrogen and shared their arguments with other parties who also appealed, including the Dutch province of Limburg, the city of Maastricht and the municipality of Eijsden-Margraten. The Council of State annulled the environmental permit at the request of the Dutch province and municipalities and based on a similar nitrogen argumentation as the NGOs.
“This precedent is a significant step forward for nature in the Meuse Valley. Numerous quarries and companies emit too much nitrogen, causing Walloon, Flemish and Dutch nature reserves to deteriorate. We will also be able to use the ruling against other projects that threaten our nature.” says Stefaan VERBEURE of Good Life in the Jeker Valley.
“The nitrogen issue is completely ignored in Wallonia. This ruling changes that. The Walloon Region must fully engage in mapping the nitrogen impact on Walloon nature and developing a permitting framework.”, says Dries VERHAEGHE, director of Dryade.
“No less than 65% of nitrogen deposition in Flanders comes from abroad. That the Walloon Region will take measures regarding nitrogen following this ruling is excellent news for Limburg nature. The Flemish Region should be grateful to the 5 NGOs for helping to solve the Flemish nitrogen problem through this ruling.”, adds Dylan ELEN, director of the Limburg Environmental Federation.
Read the ruling of the Council of State of 13 January 2026.
* In an earlier version of this communication, it was incorrectly stated that the argumentation from the Dutch province and municipalities was presented by the NGOs. The argumentation was similar and there was consultation about it, but the final nitrogen argumentation was developed by the Dutch province and municipalities and was therefore not presented by the NGOs.