Flanders decided that 3M must clean up PFAS pollution itself and prevent the spread, but 3M appealed against this to the Flemish Council of State. As an additional party, the Netherlands can put more weight in terms of arguments and ensure that 3M still has to clean up the PFAS pollution, or so the idea is.
The Netherlands has filed a petition to act as an intervener. The reasoning is that measures included in the contested decision affect the interests of the Dutch State. The Dutch State has an interest in limiting the PFOS pollution load that flows from the 3M site, via the Palingbeek, to the Scheldt as much as possible. Just as it has an interest in all other reorganizations that the Flemish government imposes on 3M.
The Netherlands previously held 3M liable for damage. The Dutch state wants to recover the damage caused by 3M in the Scheldt. The discharges cause concerns among local residents and financial damage to fishermen, Minister Mark Harbers (Infrastructure and Water Management) said in May. “I believe that the polluters should pay, not the users and managers. Holding 3M liable is in line with that principle.”
According to Flemish Minister of the Environment Zuhal Demir, the Netherlands’ démarche is “fairly unprecedented” and 3M now has to compete against two governments instead of one. Demir calls on 3M to “use its common sense and discontinue the procedure.”