The US Environmental Protection Agency wants to limit the presence of PFAS substances in water.
(Photo: AP)
Dusseldorf So-called “forever chemicals” could be a multibillion-dollar trap for industrial groups. While the European Union is currently moving forward with a broad ban on this group of substances, manufacturers in the United States have already been sued. These substances are PFAS chemicals that are not readily or non-degradable in nature. They are associated with pollution and health risks. Germany’s BASF is also one of the defendants.
Three U.S. chemical companies have reached their first out-of-court settlement over PFAS contamination. They paid out $1.2 billion in restitution to communities whose drinking water was contaminated by these substances. In a joint statement, Chemours, Dupont and Corteva said they had reached an “agreement in principle” to resolve all litigation.
The 3M Group of the United States is moving towards a larger comparative amount. According to US media reports, 3M will pay a total of US$10 billion in compensation in legal disputes with several US cities over PFAS-contaminated drinking water. The agreement still has to be confirmed by a judge, which is why the comparison has not been officially confirmed.
2,200 lawsuits against BASF
These procedures address water contamination from firefighting foams containing PFAS. BASF is also being sued for damages in the US by local authorities and at the federal level due to the “permanent chemicals” in the foam. The Ludwigshafen-based group inherited this responsibility when it took over the Swiss company Ciba Specialty Chemicals in 2009.
As of January 2023, BASF has been sued in more than 2,200 cases. The group did not want to comment at this time on whether it was also pursuing an out-of-court settlement. In its most recent annual report, BASF said it was currently unable to estimate the outcome of these procedures or predict possible actions by regulators. “An unfavorable result could materially affect BASF’s performance,” it said.
All told, U.S. manufacturers face the threat of further losses of billions of dollars, estimated legal experts at financial news organization Bloomberg. The lawsuit and settlement could turn out to be one of the most expensive legal battles in the United States. The legal world is already talking about the “new glyphosate”: the controversial weed-killing chemical that has so far cost the manufacturer Bayer more than ten billion euros to settle lawsuits.
Manufacturers want to phase out production of PFAS substances.
(Photo: Reuters)
PFAS compounds—short for perfluorinated and polyfluoroalkyl compounds—are used in the manufacture of numerous industrial and consumer products. This group of substances includes more than 10,000 different substances. Many authorities warned of consequences. “These chemicals often disturb ecosystems and can damage plants, animals and humans,” Germany’s Federal Environment Agency said.
The US Environmental Protection Agency (EPA) is already calling for new standards to limit levels of these substances in drinking water. She saw the health hazards. Several US states and other countries have banned the use of PFAS.
Netherlands claims against 3M
In Europe, the European Commission is planning a broad ban on these chemicals. But this has consequences: many “forever chemicals” are key substances in lithium batteries, wind turbines, fuel cells and computer chips — and for PFAS, there is currently no substitute, at least in high-tech applications. The mechanical engineering association VDMA warned of the consequences of such a ban in a position paper at the end of May, as did the Association of Electronics Industries (ZVEI) that Europe’s chip industry was at risk.
Manufacturers, however, are already threatened with legal consequences in Europe. The Dutch government announced last week that it would seek compensation from 3M for damages caused by chemicals in Dutch estuaries. 3M has paid 571 million euros to Belgium’s Flemish region following a chemical spill at a factory near Antwerp. The US company has now announced that it will stop producing PFAS.
more: ‘Potential existential threat’: Industry warns against ‘permanent chemicals’