Today, Greenpeace Netherlands has aligned itself with a set of criminal complaints against (1) Tata Steel and Harsco, and (2) DuPont and Chemours, both accused of the intentional release of harmful substances into the air, soil, and surface water.
Both criminal complaints were filed under the leadership of one of the Netherlands' foremost criminal litigators, Bénédicte Ficq, in May 2021 and September 2023 respectively.
Bénédicte Ficq told Op1NPO that she is purposefully pursuing legal action against individuals too, rather than just the companies they serve, to prevent them from hiding behind a curtain of limited liability.
The 2021 Criminal Complaint Concerning Tata Steel and Harsco
The complaint against Tata Steel and Harsco dates back to May 2021, when Bénédicte Ficq, representing more than 1,100 individuals and several legal persons, filed a criminal complaint against steel producer Tata Steel Ijmuiden B.V. and waste product processor Harsco Metals Holland B.V., both established in the city of Velsen.
The Dutch Public Prosecution Service announced on 2 February 2022 that it would pursue a criminal investigation into both Tata Steel and Harsco. Specifically, the Public Prosecution Service is looking into whether the companies intentionally and unlawfully introduced harmful substances into the soil, air, or surface water, which could form a threat to public health.
The criminal investigation is ongoing.
The 2023 Criminal Complaint Concerning DuPont and Chemours
In a very similar action, Bénédicte Ficq also commenced legal action against current and former directors of DuPont (Derlin Netherlands B.V.) and Chemours Netherlands B.V. on behalf of 2,400 citizens.
The Dutch Public Prosecution Service also decided to commence an inquiry into both Tata Steel and Chemours, which it announced on 19 October 2023. If it decides to prosecute, criminal charges may follow for the directors, which could even lead to prison time.
The Public Prosecution Service said that their investigation focuses on the impact of PFOA (a type of PFAS) emissions on human health and the environment around the DuPont/Chemours factory leading up to 2012. The investigation includes criminal liability for the company’s executives.
The Public Prosecution Service is yet to decide whether it will also investigate actions involving GenX (successor to PFOA, also a type of PFAS) after 2012. Due to the legal and factual difficulty of the investigation, it was expected to take more than a year.
Greenpeace Netherlands’ Involvement in the Criminal Complaints
As announced by Greenpeace Netherlands on 4 March 2024, it is joining the Tata Steel/Harsco complaint, as well as the DuPont/Chemours complaint. Greenpeace Netherlands says that it decided to join in on the proceedings, due to revelations indicating that both companies have been aware of pollution and hazards for decades but have taken no effective actions to limit pollution.
The environmental organisation highlights that under Article 173a of the Dutch Criminal Code, it is not allowed to intentionally pollute the environment with harmful pollutants. Yet, it was found that Tata Steel has known since 1975 that its operations were releasing high volumes of carcinogens, but failed to reduce these emissions or protect residents in the area.
If proceeding to court, Greenpeace Netherlands’ main questions are whether executives can make decisions that harm the health of residents and the environment, and whether executives can be held liable for the consequences of such decisions.
With Greenpeace joining in the action, it gives extra weight to the criminal complaints. Bénédicte Ficq also responded to Greenpeace Netherlands’ action, stating that it is a boost for the residents on behalf of whom the cases were brought and a strong signal to the Public Prosecution Service.
Greenpeace’s complaints can be read here (Tata Steel/Harsco) and here (DuPont/Chemours) in Dutch.
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