HomeEUROPENETHERLANDSFISHERMEN'S ASSOCIATION STARTS LEGAL ACTION AGAINST 3M OVER PFAS CONTAMINATION

FISHERMEN’S ASSOCIATION STARTS LEGAL ACTION AGAINST 3M OVER PFAS CONTAMINATION

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The Dutch Fishermen’s Association has initiated legal action against 3M Belgium B.V. and 3M Company, its Maplewood, Minnesota-based parent company, due to significant PFOS contamination in the Western Scheldt, an estuary of the Scheldt river in the province of Zealand.

The case will be heard in the Middelburg court. The Association seeks a judicial declaration affirming 3M’s liability for the damages incurred by Dutch fishermen as a result of this pollution.

In an effort to safeguard the health of Dutch fish, the Association has prohibited fishing in the eastern section of the Western Scheldt. This decision has severely impacted local fishing enterprises, as they cannot access their traditional fishing grounds. The resulting economic repercussions are substantial and directly threaten the sustainability of the affected businesses.

For over a year, the Dutch Fishermen’s Association has endeavored to resolve the issues stemming from PFOS pollution through discussions with 3M. However, despite presenting expert analyses and specific proposals for collaboration, these discussions have proven fruitless. 3M has consistently denied responsibility, declined to engage in constructive dialogue, and withheld critical information necessary to evaluate the situation comprehensively.

The Dutch Fishermen’s Association has stated it feels compelled to initiate a test case on behalf of an impacted fishing company. In this legal action, the court will be asked to establish 3M’s liability for the damages resulting from PFOS emissions from 3M’s Zwijndrecht facility in Belgium. This represents a crucial initial step toward securing compensation for the Dutch fishing industry.

The Association underscores that this case holds significance not only for the fishermen directly affected but also for environmental protection and public health. PFOS is a highly toxic substance that accumulates in the ecosystem, posing serious risks to both human and animal health.

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Kees Jan Kuilwijk
Class actions and competition law expert

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