Client Earth and NGOs renew legal battle against Ineos over Belgium plastics project

18 Sep 2024 --- Client Earth, in collaboration with 14 NGOs, is renewing its legal fight for the fourth time against Ineos’ plans to construct Europe’s largest plastics project in the Port of Antwerp, Belgium. A hearing in the case could happen in 2025, with a ruling shortly after.

The blockage from the NGOs comes in response to the Flemish authorities’ approval of the controversial “Project One,” a plant intended to process fossil gas, primarily imported from the US, for plastic production. 

The environmental coalition has filed a lawsuit challenging the Flemish government’s decision to grant Ineos a fresh permit under newly implemented regional nitrogen rules. This permit, according to Flemish authorities, provides “increased legal certainty” following a decision to revoke the previous permit and then immediately approve a new one. 

Dries Verhaeghe, lawyer at Dryade, on behalf of the coalition of NGOs, tells Packaging Insights: “Our view is that the Flemish authorities grant permit upon permit in order to give Ineos the opportunity to finalize the project.”

 “The Flemish authorities are well aware that the permits will not be held before court, but during the procedure, Ineos can continue the construction works. Every new permit grants a construction time of approximately one year.”

Concerns around ethylene plant

At the heart of the debate is the environmental impact of Ineos’ facility. 

Last year, Ineos secured €3.5 billion (US$3.7 billion) in funding for Project One.Client Earth and its partners argue that Ineos has repeatedly failed to disclose to authorities the true impact that building a giant ethane cracker would have on people, nature and the climate — not just on the local region but across the full value chain. 

Ethylene, a primary plastic component, is produced by cracking ethane in a chemical plant by using extreme temperatures and pressures, releasing significant GHGs and nitrogen. 

According to the NGOs, Flanders’ nitrogen levels far exceed the recommended safe levels. As the agriculture sector is required to cut emissions, many farmers feel that the industry is being given preferential treatment.

“Ineos’ plastics project raises significant environmental and legal concerns. The environmental impact assessment does not take into account the scope 3 emissions caused by the plant and downplays the negative effect of the nitrogen emissions on the nearby nature reserves,” says Verhaeghe.

Environmental and economic viability

Ineos’ Project One represents the largest industrial chemical investment in Europe in two decades, with the company positioning it as a vital project to restore Europe’s competitive edge against regions like Asia and the US.

“What this means in terms of plastic pollution and rising carbon emissions is truly alarming, especially at a time when the EU and the world are trying to move away from fossil fuels.” 

In 2023, a Belgian court ruled that Ineos’ project was illegal due to “crucial omissions” in its environmental impact assessment, leading to the suspension of the project. Despite this, the new permit has reignited the legal battle.

Environmental groups argue that the project undermines the region’s climate goals and long-term sustainability, posing both environmental and economic risks. 

The anti-plastic legislation could lead to significant financial losses, potentially costing billions of euros and placing a heavy burden on taxpayers and financial institutions.

“The authorities in Flanders are using every trick in the book to accommodate petrochemical giants like Ineos. It’s clear where their allegiance lies — it’s not with the health of their citizens or the future of our planet. We’ll be in court once again to make sure it’s stopped,” Verhaeghe concludes.

By Sichong Wang