Press release

Environmental groups are once again taking INEOS to court  

17 September 2024

ClientEarth, together with 14 NGOs [1], have renewed their legal fight for the fourth time against INEOS’ efforts to build Europe’s largest plastics project in the Port of Antwerp in Belgium.

The project’s purpose is to process fossil gas, primarily imported from the USA, to produce ethylene – a key component of plastic.

The environmental groups have been forced to take yet another lawsuit against the Flemish authorities’ approval of INEOS’ project following the authorities’ snap decision to withdraw its previous approval and then immediately green light a new one.

Following the implementation of new regional rules on nitrogen [2], the Flemish authorities decided to grant the British firm a new permit, which they said increased “legal certainty”.

In the new lawsuit, the organisations argue that the Flemish authorities’ withdrawal of the permit was an abuse of process – which means they used their powers in ways they were not intended to be used.

The lawsuit also argues that INEOS has once again failed to detail to authorities the true impact of the development on people, nature and the climate – not just in the region, but along the full value chain.

On behalf of the coalition of NGOs, Dries Verhaeghe, lawyer at Dryade, said: “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.

“INEOS’ plastics project raises significant environmental and legal concerns. We’ll be in court once again to make sure it’s stopped.”

A hearing in the case could happen in the next year with a ruling shortly after.

ENDS

Notes to editors:

[1] ClientEarth has been working with the following organisations to block INEOS’ ‘Project One’ plastics facility in the Port of Antwerp, Belgium: Bond Beter Leefmilieu (BBL), BOS+, Climaxi, Dryade, Fairfin, Gallifrey Foundation, Greenpeace Belgium, Grootouders voor het Klimaat, Klimaatzaak, Mobilisation for the Environment (MOB), Natuurbeschermingsvereniging De Steltkluut, Plastic Soup Foundation, Recycling Netwerk Benelux, and WWF Belgium.

ClientEarth and its partners have consistently taken legal action against ‘Project One’, INEOS’ €3 billion plastic project in Belgium. The NGOs have focused on the permitting procedure, arguing that the Flemish authorities failed to fully assess the environmental impacts of the expansion – a clear breach of EU and national laws.

[2] In January 2024, the Flemish Parliament adopted a new decree on nitrogen, which imposes limits on the amount of nitrogen that can be emitted from agricultural and industrial sources. According to some, including the largest Flemish farmers’ union Boerenbond, the decree applies a stricter threshold to agriculture than to industry. The Belgian NGOs Dryade, BBL and Greenpeace filed proceedings before the Constitutional Court because the nitrogen decree infringes the Belgian constitution and the Habitats directive.

About ClientEarth

ClientEarth is a non-profit organisation that uses the law to create systemic change that protects the Earth for – and with – its inhabitants. We are tackling climate change, protecting nature and stopping pollution, with partners and citizens around the globe. We hold industry and governments to account, and defend everyone’s right to a healthy world. From our offices in Europe, Asia and the USA we shape, implement and enforce the law, to build a future for our planet in which people and nature can thrive together.