Environmental vaccine: PFAS process in Baden-Baden threatens to escalate!

Environmental vaccine: PFAS process in Baden-Baden threatens to escalate!

Things are moving in the civil litigation surrounding the PFAS environmental scandal. A new report is available and will be presented to the Baden-Baden regional court next Monday. After a three and a half year break, things are finally moving forward after an expert was rejected and the delays had a decisive impact on the proceedings. Loud SWR However, a decision is not expected, rather it is an announced announcement date.

The dispute revolves around claims for damages amounting to around 6.5 million euros that the Rastatt public utility company is demanding from a composting contractor. This lawsuit was filed in May 2019 after it became known that the entrepreneur had supplied agricultural land with paper sludge adulterated with PFAS, also known as PFCs, from 2006 to 2008. Since then, over 1,000 hectares of arable land in the Rastatt and Baden-Baden area have been contaminated with these harmful substances, which not only pollutes the earth, but also the groundwater from which the municipal utilities obtain drinking water.

PFAS in focus

Per- and polyfluorinated alkyl substances, or PFAS for short, are long-lasting chemicals that are used, among other things, in breathable sports clothing, the paper industry and fire extinguishing agents. Unfortunately, these substances spread rapidly in soil and water and hardly break down, making them a serious environmental problem. Some compounds disrupt the hormonal balance and are considered carcinogenic, as environmentally conscious initiatives warn. Although the EU and Germany have already introduced various regulatory measures, the extent of PFAS contamination is frightening. In Europe alone, potential contamination was identified at nearly 21,500 sites in 2023, with remediation costs estimated at about $17 billion, according to legal advice Morgan Lewis informed.

In the local dispute, the entrepreneur points to other possible sources of pollution and denies his responsibility. Nevertheless, the municipal utilities and the municipality of Hügelsheim, which demanded 150,000 euros in damages, have already compiled evidence. The situation is perceived as critical and shows how much the polluter pays principle is moving more and more into the spotlight in Germany.

Process course and outlook

In the process, the plaintiff lawyer for the Rastatt public utility company, Dr. Dominik Greinacher, perceived as pleasantly skeptical by the judges. The municipal utilities not only demanded the aforementioned 6.5 million euros, but also ensured that additional future costs would be covered. This is due, among other things, to the fact that the contamination has increased water prices in Rastatt and the surrounding area over the years.

The next court dates are crucial. On November 19th, the compost entrepreneur's appeal is due before the Karlsruhe Higher Regional Court. The ongoing negotiations show that the issue of PFAS will continue to concern the courts in the future. The development of this dispute could be groundbreaking for similar conflicts in other regions of Germany that are already having to respond to the poisoning of water and soil.

Ultimately, it remains to be seen how this process will turn out. One thing is certain: the PFAS scandal not only poses legal challenges, but also requires a critical examination of environmental protection and sustainability in the economy.