Tata Steel to be prosecuted for intentional and unlawful pollution, Prosecutor announces
Tata Steel in IJmuiden will be prosecuted for multiple criminal offenses, including “the intentional and unlawful release of harmful substances into the air,” potentially damaging public health, the Dutch Public Prosecution Service (OM) announced on Wednesday. The OM is also considering prosecuting several Tata Steel executives.
According to the OM, Tata Steel intentionally polluted the air around its factory, leading to health risks for local residents. Various studies by environmental and health authorities like the RIVM and GGD have shown in the past that locals living around the factory are exposed to many harmful substances, cutting their lifespans by up to 2.5 years. Tata Steel workers are also 1.5 times more likely to die before retirement than other workers in the Netherlands.
The OM also accuses Tata Steel of violating its duty of care by performing insufficient maintenance, operating without the necessary permit, and failing to report several incidents involving raw coke, a product formed after heating coal. Earlier this year, Tata Steel was fined €8.5 million for excessive emissions.
The OM launched its criminal investigation against Tata Steel after lawyer Bénédicte Ficq pressed charges against the factory on behalf of 800 locals in 2021. The OM asked the Human Environment and Transport Inspectorate and the Central Environmental Management Service Rijnmond to help with the investigation.
“After reviewing the case file, the OM believes that the criminal investigation provides sufficient grounds to initiate criminal prosecution against the company and submit the case to the court,” the OM said.
The OM is also conducting further investigation into whether several Tata Steel executives may also be liable in this case. “The OM has decided to summon the company now to maintain progress in the criminal case. It may take some time before the OM can make further announcements regarding the second part of the investigation into potentially involved persons.”
In 2023, lawyer Ficq also pressed charges against Tata Steel’s CEO, Hans van den Berg, on behalf of 1,200 residents living around the factory. She called it a signal to other Big Polluters. Behind every company causing harm to the people living around its factories is a person making the decisions.
