Netherlands will hold 3M liable for PFAS "forever chemicals" in Westerschelde

The Dutch State will hold chemical concern 3M liable for damage caused by PFAS, often referred to as "forever chemicals" which do not break down in the environment. The American company has a factory on the Scheldt River in Belgium which has been discharging PFAS into the water for years. This has led to damage in the Netherlands at the Westerschelde, an estuary of the Scheldt River, the Cabinet said.

Previously, the Dutch public health institute, RIVM, issued a warning advising people not to eat fish, shellfish, and crustaceans from the Westerschelde because of the high concentrations of PFAS chemicals found there. PFAS is short for "poly and perfluoroalkyl substances," a collection of man-made chemicals used in a wide range of products, including non-stick cookware, automobile fuel lines, semiconductors, batteries, and water-resistant clothing, 3M said in the past.

Exposure to PFAS beyond a certain level can increase the risks of developing high cholesterol, cancer, and liver damage. It can also impair the immune systems of children. Eating a portion of shrimp from the Westerschelde more than five times per year can lead to over exposure, the RIVM said last year.

The State Attorney representing the Netherlands notified 3M about the decision to hold the chemical group liable for this, Infrastructure and Water Management Minister Mark Harbers stated on Tuesday. "There is too much PFAS in the Westerschelde. This leads to concerns among local residents, but also to financial damage for fishermen and, for example, Rijkswaterstaat. I believe that the polluters should pay, not the users and administrators. Holding 3M liable is in line with that starting point,” Harbers said in a statement.

The Dutch infrastructure agency, Rijkswaterstaat, launched an investigation last year to detail all of the damage caused by the presence of the man-made chemicals. "This concerns, for example, costs for extra monitoring and costs for the removal of contaminated sludge," the Ministry of Infrastructure and Water Management said. Additionally, the province of Zeeland opened a reporting point for people affected by the damage, including those in the fishing and shrimping sector, and also those operating tourism businesses.

Zeeland has already received 28 claims about economic damages suffered by entrepreneurs, a spokesperson for the ministry told ANP. Most of the claims have come from fishing businesses, but some recreational businesses have also claimed damages. These range from a few thousand euros to millions of euros, the spokesperson stated.

Late last year, 3M announced its plans to end the production of PFAS chemicals by the beginning of 2026. As recently as January, the company maintained that all of the products made with its PFAS chemicals are safe.