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40 INTERNATIONAL AWEMainta Diahuebs, 28 September 2023
Chemours Held Partially Liable
for PFAS-Related Environmental
Damage, Rules Court
IN a significant legal development, the The final verdict in this case is yet to be
chemical factory Chemours, located in scheduled, but the court does not antici-
Dordrecht, has been deemed partially pate it will be delivered this year.
responsible for the environmental damage in the environment. The acronym stands
incurred by neighboring municipalities due Background for poly- and perfluoroalkyl substances,
to PFAS contamination. This judgment has This legal dispute has been ongoing since including notable types like GenX, PFOA,
been delivered in an interim verdict by the 2018. The municipalities assert that and PFOS. These substances are heat-
Rotterdam District Court in a civil case. their residents and others should not be resistant and exhibit water, grease, and
exposed to the consequences of PFAS dirt-repelling properties. They are utilized
The court’s ruling points to omissions by emissions without consent, emphasizing as non-stick coatings in cookware, in
Chemours and its predecessor, DuPont, that these substances have no place in water-resistant clothing, firefighting foam,
in withholding crucial information about the environment, water, soil, or food. The and cosmetics. PFAS is environmentally
the harmful emissions when applying municipalities argue that Chemours should detrimental, hardly degradable, and poses
for permits. This legal action was initi- have shared information about the envi- risks to the immune system. Some PFAS
ated by the municipalities of Dordrecht, ronmental and health risks when applying types have been classified as potentially
Papendrecht, Sliedrecht, and Molenlanden. for the necessary permits and should have carcinogenic upon prolonged exposure.
With the court’s key findings favoring taken more effective measures to mitigate
the municipalities, the path towards a emissions’ consequences. Ongoing Legal Proceedings
compensation procedure is now open. Chemours is the subject of additional legal
The municipalities aim to recover the In response, Chemours stated that it actions. In a recent development, lawyer
expenses arising from the contamination, possessed permits to emit the relevant Bénédicte Ficq, on behalf of over 3,000
which encompass soil and health investi- substances and highlighted its efforts in residents in the vicinity, filed a criminal
gations, as well as financial losses due to recent years to reduce emissions. Earlier complaint against Chemours’ manage-
soil pollution. While this case is essentially this month, it was revealed that Chemours ment for alleged unlawful conduct that
separate from legal proceedings initiated had attempted to reach a settlement in the endangered the health and lives of nearby
by residents in the vicinity, it may intersect case, which the municipalities declined. residents, despite the company’s knowl-
with them in due course. Chemours has expressed its intention to edge of the risks.
carefully examine the verdict and refrain Furthermore, a former employee suffering
Between 1984 and 1998, the court from substantive commentary at this time. from serious health issues has individu-
concluded that the emission of the PFAS The company underscores its commitment ally summoned Chemours, holding the
variant PFOA through the air constituted to addressing the concerns of residents in company liable for his deteriorating health.
an unlawful act. DuPont, which Chemours the vicinity of its Dordrecht facility. Earlier this year, the province of South
separated from in 2015, was aware of the Holland lost a case against Chemours,
hazards but failed to adequately inform Zembla Investigation which centered on whether emissions of
the authorities responsible for granting In June, a broadcast of the BNNVARA potentially harmful substances could be
permits, as stated in the verdict. The court program Zembla made it evident that limited. However, the province is pursuing
cannot yet determine whether emissions Chemours predecessor DuPont had been an appeal.
from 1998 to 2012 were also unlawful; aware for decades of the risks associ-
this aspect will be addressed in a subse- ated with PFAS production for both its Additionally, South Holland has filed a
quent ruling. employees and the surrounding environ- complaint regarding the illegal discharge
ment.As early as the 1990s, a PFAS coor- of the PFAS variant trifluoroacetic acid
In contrast, the court found that the emis- dinator was appointed, who identified (TFA) by Chemours. The company has
sion of another substance, GenX, was not substantial PFAS leakage. He warned that previously been subject to a fine of
unlawful. The municipalities failed to suffi- managing the contamination was exceed- €125,000, payable if it discharges TFA
ciently establish the risks associated with ingly challenging and could lead to liability into the sewer system again.
the relatively small quantities emitted claims. While legal battles continue, the rami-
since 2012. Nevertheless, Chemours may fications of PFAS contamination persist
still bear the costs of GenX removal if the Understanding PFAS as a pressing concern for both affected
quantities emitted prove to be greater PFAS represents a group of thousands of communities and environmental regula-
than currently known. synthetic chemicals not naturally found tors.
