The Netherlands sued over PFAS contamination

Eleven environmental organisations are suing the state of the Netherlands in connection with the harmful effects of widespread per- and polyfluoroalkyl (PFAS) contamination in the country.

Dutch law firm Knoops’ advocaten said the groups have united to hold the Dutch state accountable for grossly neglecting its duty of care to protect Dutch citizens, animals and the environment from the harmful effects of PFAS contamination.

“Although the state has long been aware of the serious consequences of exposure to PFAS for (public) health and the environment, it is taking insufficient measures to limit and prevent the damage caused by PFAS,” said the law firm. “The interest groups – like many experts worldwide – are sounding the alarm about the harmfulness of this group of substances and the irreversible consequences if adequate measures are not taken shortly.”

According to Knoops’ advocaten, the case concerns the first class action in the field of PFAS contamination in which the national government is being called to account for its failure to take adequate measures in the short term to stop the massive damage to the environment and public health. In addition, the state is being held accountable for continuing to facilitate the production of these harmful substances, the law firm said.

Knoops’ advocaten said the following declarations of law and measures are claimed in this case:

• A declaratory judgment that the state is acting unlawfully towards plaintiffs in that the statutory standards for PFOS for surface water have not been correctly implemented in laws and regulations;
• A declaratory judgment that the state is acting unlawfully against plaintiffs by exceeding the legal standards for various PFAS and the sum of those PFAS in food, at least for fish and eggs;
• A declaratory judgment that the state is acting unlawfully against plaintiffs in that the advisory values established with regard to PFOS/PFOA by the National Institute for Public Health and the Environment (RIVM) and the EFSA health-based limit value for food, surface water, drinking water, soil and groundwater have not been incorporated into legislation and are being exceeded.
• Order the state to ban all emissions of PFAS immediately;
• Various measures aimed at reducing the exposure of the Dutch population and of certain risk groups to PFAS, including: reducing exposure via drinking water; conducting large-scale studies into links between PFAS exposure and certain health effects; minimisation obligations; adopting the EFSA limit values; carrying out remediation work and stepping up monitoring thereof; and realising a central overview regarding the permits issued for PFAS emissions.

The lawsuit will start at the District Court of The Hague on 7 August 2024.

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