Onder 4.72. Rechtbank Den Haag 24 juni 2015

The court has deduced from the various reports submitted by the Parties that mitigation can be realised in various ways. This could include the limitation of the use of fossil fuels by means of, among other things, emissions trading or tax measures, the introduction of renewable energy sources, the reduction of energy consumption and reforestation and combating deforestation. The State has also referred to new technologies such as CO2 capture and storage. The court deems the State’s viewpoint that a high level of CO2 reduction can be expected to be achieved in the future through CO2 capture and storage insufficiently supported. Such an expectation would be relevant if it has been established that the use of these techniques would enable such a reduction that the emission between now and 2050, as depicted in the first graph above, could be compensated. Without sufficient objection from the State, Urgenda has argued that in so far as these techniques are sufficiently available (CO2 capture and storage are still in the experimental phase) it is not plausible that techniques of this nature can be applied in the short term and therefore in time. Urgenda has also referred to the further regulations required for that. At the hearing, it was brought up that initiatives have been taken in various areas, such as for renewable energy (the legislative proposal 34 058 for wind energy at sea, referred to above) and for CO2 capture and storage, but that these initiatives are still in the preliminary stages without any concrete prospect of success. In the UNEP and IPCC reports, which the Parties have referred to, it is therefore emphasised that later intervention increases the need for new technologies, while the risks and options of these technologies are still uncertain.

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