Environmental groups take Dutch state to court over PFAS

An aerial drone view of an industrial installation that produces PFAS. Photo: Depositphotos.com

Five campaign groups are taking the Dutch state to court on Tuesday in an effort to bring in an immediate ban on the discharge of cancer-causing PFAS chemicals into the environment.

The five groups say PFAS discharges pose a serious and long-term threat to public health and nature. PFAS are known as “forever chemicals” because they take so long to break down.

The case is being led by high-profile lawyers Carry Knoops-Hamburger and Geert-Jan Knoops, who filed the complaint last April on behalf of 11 organisations. In May, the court ruled that the claims of five of them could proceed to a full hearing.

The plaintiffs include four regional nature and environmental federations from Zeeland, Noord-Holland, Zuid-Holland and Friesland, as well as Stichting Gezond Water, which campaigns against PFAS pollution in the Westerschelde and recently challenged the discharge licence for plastic producer Sabic in Bergen op Zoom.

Ira von Harras, director of the Zeeuwse Milieufederatie, said the case was being brought because PFAS represents “a very serious risk” to human and environmental health. “These are forever chemicals that do not disappear from the water on their own. This is a problem that will have a negative impact on many generations after us,” she told the AD.

The groups are calling on the state to stop issuing PFAS discharge licences, map existing pollution and start cleaning it up. They argue the government has failed in its duty of care and want the court to recognise the fundamental right to a healthy living environment.

If the court sides with them, the ruling could have wide-reaching consequences. Comparisons have been made with the Urgenda climate case, in which the state was ordered to reduce greenhouse gas emissions and which continues to impact on government policy.

Egbert Lobée of Stichting Gezond Water will also address the court. He has elevated PFAS levels in his blood, and officials have advised against eating vegetables from his garden or consuming fish, shellfish or sea vegetables from the Westerschelde.

Gezond Water wants concrete action to end PFAS pollution. Lobée said he does not know what to expect from the hearing but believes the state will be forced to respond. “Provinces keep issuing licences for PFAS discharges. In our view that is insane,” he said.

Per- and polyfluoroalkyl substances (PFAS) do not occur in the environment naturally but are found in various products, including non-stick coatings and food packaging materials. They are also used in pesticides.

Clean up bill

Research by the Financieele Dagblad and Investico earlier this year suggested that cleaning up PFAS pollution in the Netherlands is set to cost billions of euros, given the “forever chemicals” could be present in up to 1,000 locations.

Last July, government officials issued stronger warnings against allowing children to play in sea foam at the beach, as it may contain high concentrations of PFAS.

High levels of the chemicals have also been detected in eggs from hens kept as a hobby, as well as in fish, shrimp, oysters and mussels caught in the Westerschelde estuary.

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