A new collective of citizens in and around Zwijndrecht, Darkwater 3Mlaunches a class action against chemical company 3M in Belgium, but also in the US and against two CEOs of the chemical company.
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High concentrations of the harmful substance PFOS were measured around the site of the 3M factory in Zwijndrecht. The inhabitants who united in Darkwater 3M are concerned because the first study results in them and their children have measured alarming PFOS levels and soil samples also revealed worrying results. For the time being, it is still about 25 people, but the intention is that in the long term up to 50,000 people and even companies will join.
The citizens’ collective takes on the specialized lawyers Geert Lenssens, Laurent Arnauts and environmental lawyer Dirk Abbeloos. On Monday, they gave text and explanation of the procedure in Brussels.
“These citizens are deadly worried about them and their children and they conclude that nothing is happening for them today,” says lawyer Geert Lenssens, who talks about the ‘Chernobyl of Flanders’. ‘The people on the site feel abandoned. Which unknown diseases will they still get?’, says Lenssens.
The group claim is primarily aimed at the Belgian 3M with operation in Zwijndrecht, but also the American 3M with headquarters in Minnesota and the Belgian and American CEOs of the company, Koenraad Wilms and Mike Roman respectively. ‘The Belgian branch is an empty box. We are therefore targeting the American parent company. They are solvent’, says Horace. The three lawyers will also collaborate with American lawyers for the class action.
Birthday nigh
Lawyers Lenssens, Arnauts and Abbeloos suspect 3M of speculating on the twenty-year statute of limitations. ‘The chemical company remains vague about the cessation of production in Zwijndrecht. Various data is circulating about this. Some reports even speak of 2002, which would mean that the statute of limitations is imminent’, says Arnauts. He fears that 3M will lull the victims to sleep with ‘sweets’, such as compensation for local farmers, but that there is a strategy behind this.
“There is clearly bad faith on the part of 3M. They have known for a long time that there is a problem. That is apparent from the annual reports’, says Arnauts.
The ‘pilot procedure’ is primarily aimed at an attempt at reconciliation. The first petition for this will be filed on Monday with the Antwerp Justice of the Peace competent for the municipality of Zwijndrecht. In doing so, both parties can see whether they cannot reach a mutual agreement to avoid a summons. If an agreement is not reached, the summons will effectively follow, the lawyers say. According to environmental specialist Abbeloos, the procedure allows for a verdict within a year.
‘There is clearly psychological damage’, says Lenssens. ‘If we assume 1,000 euros in compensation per resident of Zwijndrecht for that psychological damage, that comes to a total of 45 million euros. If we also take into account the physical damage, that can go up to 45 billion’, the lawyer calculates.
the collective Darkwater 3M expects thousands of citizens and businesses to join in due course. You can do that until April 30 of this year.
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