Will they or won't they?
That has been the question when it comes to whether proposed flight caps to reduce noise pollution at Amsterdam's Schiphol Airport will take effect.
The Dutch government's minister of infrastructure and water management, Mark Harbers, whose responsibilities include transportation, proposed in June 2022 that the airport's annual flight caps be reduced from about 500,000 to 440,000.
"The government seeks to strike a balance between the importance of having a large international airport—which is also good for the business community—and of a better, healthier living environment," the Dutch government said in a statement upon approving Harbers' proposed cuts, which were expected to go into effect November 2023.
Lawsuits, however, ensued.
Delta Air Lines, KLM, EasyJet and other parties in March 2023 sued the Dutch government—which is the majority owner of Schiphol. The International Air Transport Association, along with United Airlines, JetBlue, Air Canada, British Airways and Lufthansa also sought to stop the reductions.
A Dutch district court in April ruled in favor of the airlines, noting that the government had not followed proper procedures, including the "Balanced Approach," a process and methodology that must be followed when a European Union member wishes to implement noise-related operating restrictions at an airport with more than 50,000 aircraft movements per year.
The airline industry's cheers turned to renewed concerns in July, though, when a higher court reversed the lower court's decision and allowed the Dutch government to reduce the flight caps, ruling that the Balanced Approach did not apply in this situation. Airlines and industry organizations quickly filed an appeal to the Dutch Supreme Court.
JetBlue in September then filed a complaint with the U.S. Department of Transportation, warning that it most likely would lose its Schiphol slots in summer 2024—slots the carrier had just been granted and began using in August—if the caps were to be instituted. The airline requested that the U.S. government to take retaliatory measures against the Dutch flag carrier KLM, calling the proposed caps a violation of the Open Skies agreement.
By November, the tables turned yet again when the Dutch government scrapped its cap plans for the summer 2024 season, just one day after U.S. and European Union representatives met Nov. 13 to discuss the matter. The carriers can breathe a sigh of relief—for now.
"I emphasize that the cabinet is still committed to restoring the balance between Schiphol and its environment," Harbers said in a letter to the Dutch parliament the day after its decision to not reduce caps, according to Reuters.
Harbers added that the cabinet would continue to pursue the flight reduction plan, however the country held national elections Nov. 22, and the new cabinet's views on the matter remain to be seen.