Belgian residents take chemical company to court over PFAS contamination

Belgian residents take chemical company to court over PFAS contamination
The 3M plant pictured during the pilot installation for effective PFAS purification in Antwerp, Tuesday 27 September 2022. Credit: Belga/Nicolas Maeterlinck

A class-action lawsuit against the chemical company 3M Belgium is set to start this afternoon. A total of 1,400 residents are taking the company to court over PFAS contamination near the company's site in Flanders.

PFAS are man-made chemicals that are difficult to break down. Prolonged exposure to these "forever chemicals" has been linked to health issues, including cancer and weakened immune systems.

During excavation work for the Oosterweel connection on the Antwerp ring road, it was found that the soils around 3M were contaminated with PFAS, which can cause a variety of health problems. A family with two children, living about 1 kilometre from the plant, went to court over the issue in 2023.

The family were tested, and abnormally high levels of PFAS were found in their blood. PFAS was also found in their vegetable garden. The family demanded compensation from the chemical company based on "excessive neighbour nuisance", an article of the civil code.

It was ruled that the nuisance from the factory was indeed excessive and awarded provisional damages of 2,000 euros, or €500 per family member. This was a provisional amount as the extent of the damage may only become clear in years to come. The proceedings were then reopened to determine the final compensation.

Based on the same principle of excessive neighbourly nuisance, another 1,400 locals are now taking the issue to court. They too claim that they are inconvenienced by PFAS pollution and face health risks. They are each seeking provisional damages of €20,000 from 3M, or €28 million in total.

The trial starts on Tuesday afternoon with testimony from the residents and their lawyers. 3M Belgium's lawyers will make their case on Wednesday afternoon. Replies are scheduled for Thursday afternoon, after which the judge will take the case under advisement.

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