Project One lawsuit: NGOs take Belgian authorities to court for approving Ineos’ plastics mega-plant

26 Jul 2022 --- Legal NGO ClientEarth is taking Belgian authorities to court over last month’s decision to approve chemical group Ineos’ Project One – a massive ethane cracker in the Port of Antwerp that will boost plastic production in Europe – something proponents say will make the EU market competitive again with China and the US. 

However, opponents fear the project will greatly increase local pollution and damage the region’s human and environmental health. The site is set to be built next to a protected nature area. 

The legal action, which includes a group of 13 nonprofit organizations, is the culmination of a sustained battle by the groups against Ineos’ €3 billion (US$3.07 billion) project, which is the company’s largest ever investment.

“Make no mistake, investments like Project One are the fossil fuel industry’s ‘Plan B’ – using fossil gas to make plastics is an attempt to keep the fossil fuel industry alive,” says ClientEarth lawyer Tatiana Luján.

“These projects not only have devastating local environmental and climate impacts but also global consequences. The plastics that these projects produce help emit CO2 at each stage of their lifecycle. It’s this ‘slow-burn’ factor of plastics that continues to go unaccounted for.”Activists fear Project One will add to existing environmental problems in Belgium and the Netherlands.

Unknown impact 
The NGOs say that Ineos has so far failed to present an adequate assessment of how the project would impact the climate, nature and surrounding air quality.

The lawsuit also alleges that Flemish authorities approved the project without first fully assessing its impacts – making the approval illegal according to EU and national laws.

“Instead of putting a stop to this hugely destructive and unnecessary project, the authorities have welcomed it. As they have failed to acknowledge or share the inevitable repercussions of Project One, we’re left with no choice but to take the project to court and have its approval overruled once and for all,” says Luján. 

The groups also argue that the impacts of nitrogen pollution, which Project One would emit, continue to be severely underestimated. 

Flanders’ nitrogen levels far exceed the recommended safe levels, which could have “severe impacts” on the environment and people’s health. If Project One goes ahead, this situation will get even worse, says ClientEarth. 

Nitrogen crisis 
Nitrogen pollution is currently a major source of political contention in both Belgium and the Netherlands as the Dutch government prepares to crack down on emissions associated with its highly intensive farming sector. High nitrogen levels are known to disrupt biodiversity and are linked to various respiratory problems in humans. 

Benjamin Clarysse, a policy and projects coordinator for Belgian environmental organization Bond Beter Leefmilieu, says, “In light of the nitrogen crisis we are currently facing in Flanders and the heavily debated implications for Flemish agriculture, it is not justifiable for Ineos to bring another nitrogen-polluting development to our region.”Construction of Project One is underway.

“The cumulative health impacts of Project One have been inadequately investigated and major gaps remain in the assessment of the impact of nitrogen emissions.”

“But the problems do not stop there. This pollution, as well as the fossil ethane gas which will be the project’s feedstock, will severely deteriorate the surrounding air quality, putting people’s health at further risk.”

International consequences 
The local and cross-border ramifications of a likely increase in the Port’s plastic pellet pollution, which would be fuelled by Project One, have also not been fully assessed, according to ClientEarth. 

A report published earlier this year showed that the Western Scheldt in the Netherlands is already heavily polluted with plastic pellets – many of which come from producers in Antwerp. 

Maria Westerbos, Director of Plastic Soup Foundation, remarks: “Existing plants in the Port of Antwerp are already leaking plastic pellets, which not only have dire consequences for local habitats, wildlife and human health but also impact the Netherlands. The repercussions of failing to address these problems are already visible along both countries’ shores and would only be made worse if Project One goes ahead.”

“We demand Belgian and Dutch authorities do their duty to protect us and the environment and stop Project One because plastic pollution does not stop at the border.”

By Louis Gore-Langton