On 18 December 2024, the Council of State’s Administrative Jurisdiction Division (the “Division“) delivered a landmark ruling changing the rules of the game for internal netting under nature permits. Simply put, internal netting can no longer be used in the pre-assessment to determine whether a nature permit is required, but only in the subsequent phase (the appropriate assessment) to determine whether a permit can be granted. This has implications for pending and future permitting procedures, as well as for activities initiated in the recent past without a nature permit or an appropriate assessment.
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