17.12.2021 | Press release judgment on environmental injunction:
PRESS RELEASE
Environmental injunction in Oosterweel case declared admissible; parties shift into high gear
Antwerp, 17.12.2021
Yesterday, the Antwerp Court of First Instance made a provisional ruling on the environmental injunction brought by Grondrecht, Greenpeace and Thomas Goorden against the risks of further spreading of PFOS pollution by the Oosterweel works. The fact that the case was declared admissible is a first step towards a healthy living and residential environment. “This strengthens our confidence that the judge will also rule in our favour on the merits.” At the same time, the parties are moving up a gear and are challenging the new Technical Report on the so-called compliance with the recommendations of the Earthmoving Commission.
The environmental injunction was filed in August because the coalition was concerned about the Oosterweel works that were started on the Antwerp Left Bank. These works are taking place in soil that is heavily polluted with PFOS, which poses risks to local residents and the environment. Recent blood tests showed that a majority of local residents already have dangerous PFOS levels in their blood.[1] This is an additional reason, according to the coalition, to take all possible precautions at the Oosterweel site.
The claimants first of all question the standards used in the permits for Oosterweel.The standards for earthmoving that are used are now completely outdated, and therefore dangerous. In the Netherlands, for example, this way of working would never be possible”, says Jonas Vernimmen, spokesperson for Fundamental Rights. “They were drawn up on the basis of what was feasible to realise the Oosterweel project, while the protection of the environment and public health should have been the primary consideration.”
In addition, residents are concerned that the construction of the Oosterweel connection will mean that pollution cannot be tackled in the long term. “The result of these works should not be that the pollution becomes the status quo and that an unlicensed landfill is created. If we really believe that 3M should clean up our living environment, we cannot lock the pollution under the Oosterweel connection for decades”, says Jonas Vernimmen, spokesperson for Fundamental Rights.
Claim declared admissible
The judge now rules that the claim of the plaintiffs is admissible. The coming months will therefore be pleaded on the merits of the case. Remarkably, the judge ruled at the same time that Thomas Goorden cannot be part of the procedure. “Fortunately, it hardly makes any difference to the battle we are fighting”, says Thomas Goorden about this. “It does show how difficult it is for you as a citizen to legally address serious environmental problems.”
The coalition is hopeful that the first hurdle has now been taken. “We are one small step closer to a healthy living and residential environment. This strengthens our confidence that the judge will also give us the right on the merits”, says Jonas Vernimmen. “It remains striking that we have to advocate for a responsible approach to the Oosterweel dossier through the courts. Why didn't the Flemish government simply tackle this dossier when it came onto its radar five years ago? The fact that it is not intervening now, while the works are in full swing, is something you can no longer explain in Zwijndrecht and Antwerp.”
New step towards rapid assessment of Lantis approach
The judge did reject the coalition's request to impose the recommendations of the Earthmoving Commission as interim measures. The judge found the recommendations too "general and vague". “The fact that it is so difficult to enforce concrete protection, even with an expert report in hand, when the works are already underway, shows the importance of timely and decisive action by the government.”, says Mathieu Soete of Greenpeace. “The Flemish government has allowed the pollution around 3M to fester for years in order not to endanger the Oosterweel, at the expense of the environment, the health of the residents and ultimately also the taxpayer. Enough is enough, we will continue until those priorities are reversed.”
In a remarkable turn of events, it emerged during the debates that Lantis had drawn up a new Technical Report based on yet another new soil standards. “This was actually a perfect pass”, says Thomas Goorden, “because it offers us the opportunity to have both the soil standards and the approach in terms of the work zone assessed urgently by a judge”That is why Greenpeace, together with two local residents, is going to the Council of State to initiate an emergency procedure (UDN) against this report. “Lantis is busy spreading heavily contaminated PFOS soil over a huge area based on particularly problematic soil standards”, Goorden adds. “It's time to put a stop to this.”
“We will therefore discover in any case whether Lantis' approach is legal and sufficiently safe” close Vernimmen. “In the short term via the UDN or within a few months via the environmental injunction.”
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