Brussels — The Council of State has annulled a Flemish Government decree from March 2023 aimed at addressing PFAS pollution originating from the 3M factory in Zwijndrecht. The decision, announced on Thursday, represents a significant setback for regional authorities seeking to impose stricter environmental regulations on the chemical manufacturer.
The annulled decree was designed to consolidate multiple parcels of land within a 5-kilometre radius of the 3M factory into a single site for comprehensive pollution management. This approach was intended to streamline the clean-up efforts and address the widespread contamination caused by per- and polyfluoroalkyl substances (PFAS), which have been linked to various health risks.
However, the Council of State ruled that the regional government lacked the authority to impose environmental obligations on 3M that exceeded those specified in the existing Flemish soil decree. According to the court, several provisions of the 2023 decree unfairly increased the company’s responsibilities without its consent, violating the principle of legal certainty and proportionality.
In its judgement, the Council of State stated that while the urgency of addressing PFAS pollution was evident, any additional obligations on 3M must align with established legislative frameworks. “The regional government cannot unilaterally enforce stricter regulations than those laid out in the Flemish soil decree,” the ruling emphasized.
Local Authorities Express Disappointment
The decision has sparked disappointment among local authorities and environmental groups who have long advocated for more stringent measures against 3M. The chemical company has been at the centre of a growing environmental scandal in Flanders, with PFAS contamination affecting soil, water, and air quality in the Zwijndrecht area.
Flemish Environment Minister Zuhal Demir criticized the ruling, expressing concern about its implications for ongoing clean-up efforts. “This decision is a blow to our attempts to hold 3M accountable for the pollution it has caused,” Demir said in a statement. She urged the federal government to explore legal avenues to strengthen environmental regulations in cases of significant public health risks.
Environmental advocacy groups, including Greenpeace Belgium, echoed these sentiments, warning that the annulment could delay critical remediation projects. “This ruling undermines the protection of local communities who have been exposed to hazardous substances for far too long,” Greenpeace stated.
3M Welcomes the Decision
In contrast, 3M welcomed the Council of State’s decision, describing it as a recognition of the need for regulatory consistency and fairness. In a press release, the company reiterated its commitment to cooperating with authorities to address the PFAS contamination while ensuring that any obligations imposed are “legally sound and practicable.”
The American multinational has faced increasing scrutiny and legal challenges in Belgium over its handling of PFAS emissions. In response to mounting pressure, 3M announced in late 2022 a series of voluntary measures, including the suspension of certain production processes at its Zwijndrecht facility and a pledge to allocate funds for local clean-up efforts.
What’s Next?
With the decree annulled, Flemish authorities now face the challenge of revising their strategy for managing PFAS contamination in the region. Legal experts suggest that the regional government may need to collaborate more closely with federal lawmakers to craft a new regulatory framework that can withstand judicial scrutiny.
Meanwhile, residents of Zwijndrecht and surrounding areas remain in limbo, awaiting clear directives on soil decontamination and health monitoring. As the legal battle over environmental accountability continues, the Council of State’s decision highlights the complex interplay between regional autonomy and federal oversight in Belgium’s environmental governance.
