No swamp in my backyard: legal challenges to wetland restoration projects in Flanders (Belgium)—a case law analysis

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Authors: Hendrik Schoukens, Nienke van der Burgt
Cited by: 2
References: 12

Abstract

With the adoption of the EU Nature Restoration Law in June 2024, EU Member States will have to upscale their wetland restoration actions in the coming years. However, increasingly large‐scale wetland restoration projects face challenges in national courts because of stakeholder opposition, revealing a multitude of legal barriers that might arise. This paper examines recent court cases launched against wetland restoration projects in Flanders, a region in Belgium once characterized by vast wetlands and marshes. The conclusion shows that no legal action against wetland restoration projects has succeeded, since judges tend to back the ecosystem services wetlands offer, including flood protection and biodiversity conservation. The case law examined demonstrates that public benefit takes precedence over personal issues like fears of more mosquitoes or property‐related concerns. According to case law, comprehensive and precise Environmental Impact Assessments that pinpoint and analyze all potential negative impacts of wetland restoration programs are essential for large‐scale wetland restoration projects and to defend them legally. In summary, the case law analysis shows that wetlands are viewed more favorably now, unlike past negative cultural views.

Fields of Study & Subjects

Environmental Conservation and Management Environmental law and policy Environmental and Social Impact Assessments

Publication details

Journal / source
Restoration Ecology
Publisher
Wiley
Volume
34
Issue
S1
Publication date
5 January 2026
Language
EN