Press release Council of State II judgment

19.04.2022 | Press release Council of State judgment:

Council of State agrees with PFOS coalition on all counts: Oosterweel approach still illegal

Brussels, 19.04.2022

Earlier today, the Council of State suspended the declaration of conformity of the Technical Report for the Oosterweel works on the Left Bank. In a ruling on 'extreme urgency', the Council of State once again determines that the method used at the Oosterweel construction site is illegal. The Oosterweel works ensure that the PFOS pollution can spread further, which poses a threat to local residents and the environment. According to the Council of State, this is unacceptable, and so the works must be halted. Bond Beter Leefmilieu, Greenpeace, Grondrecht and Thomas Goorden now finally expect an ambitious remediation plan for the entire region.

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At the end of 2021, the PFOS coalition (Bond Beter Leefmilieu, Greenpeace, Grondrecht and Thomas Goorden) went to the Council of State for the first time, because they had serious reservations about the working methods at the Oosterweel site. The Council of State was already very critical of the way in which contaminated soils were handled, in particular how they were stored.

Despite that ruling, very clearly substantiated objections from the coalition and a series of discussions with, among others, client Lantis, competent ministers Demir and Peeters and PFAS coordinator Karl Vrancken, fundamentally little changed in the approach on the site when it was restarted in March. As a result, the coalition withdrew at the beginning of March back to the Council of State, to request confirmation of the objections.

The Council of State confirmed today that fundamental problems remain with Lantis' approach. “We are very pleased with this ruling and hope that the government will now finally start working on a proper clean-up of the area.”, responds Audrey Baeyens, lawyer for the coalition.

The main criticism of the Council of State is that Lantis has still not found a legal solution for the storage of heavily polluted soils. These would be dumped in verges spread out on the Oosterweel site, but without any prospect of remediation. According to the Council of State, such dumps require a corresponding permit or remediation plan, which are lacking here. (§63-65)

The Council of State also points out the risks to the environment and the health of residents if work continues in this way. (§46) It is striking that the Council of State states that the government itself admits that the works can cause additional pollution. “The spread of pollution to groundwater and surface water in particular is a structural problem that we have regularly warned about.”, says Thomas Goorden. “The soil standards and working methods used offer far too little protection against this.”

The Council of State further indicates that a full-fledged remediation project can offer a way out for the Oosterweel works. Until now, the area in which the Oosterweel works are taking place has remained outside the scope of the ongoing Descriptive Soil Survey. “This ruling ensures that the entire area, from Beveren to Antwerp, can be cleaned up as quickly as possible. That is the only way we can continue to live healthily here.”, says Jonas Vernimmen, spokesperson for Fundamental Rights. “If this problem had been addressed immediately in 2008, when people became aware of the pollution on the Oosterweel sites, this entire affair and the associated delays could have been avoided.”

“Lantis and the government cannot ignore this second ruling either. They must present an integrated remediation plan for the entire region – including the yard. This must be accompanied by a public inquiry, in which citizens and environmental associations can express their concerns. This is an important precedent. We must get rid of agreements and arrangements in back rooms.”, says Tycho Van Hauwaert of the Association for a Better Environment.

“The further tinkering with a years-long incorrect approach to this problem must stop. The Council of State confirms our concerns and objections for a second time. Lantis and the competent authority must now work on a correct remediation approach before digging further into heavily contaminated soil. And then they can immediately knock on the door of polluter 3M with the invoice for that remediation”, concludes Joeri Thijs of Greenpeace.

Read here the full Judgment of the Council of State.

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