Historical PFAS pollution as a state-facilitated corporate crime. Findings from a case study research about DuPont de Nemours/Chemours Dordrecht (the Netherlands)

Background
In 1961 DuPont’s researchers raised concerns about the potential health effects of exposure to perfluorooctanoic acid (PFOA or C8), a heat-, water- and fat-resistant chemical which was discovered in the 1930s and used for many (consumer) products since then. The unbreakable bond meant it was persistent, bio-accumulative and toxic. In 1998, the discovery of PFAS contamination in Parkersburg (USA) led to Environmental Protection Agency investigations and yearslong judicial proceedings and public debate. Only in the last 8 years, and increasingly so in the last two, the pollution by forever chemicals emerged on the agenda in Europe, despite the presence of 20 PFAS production facilities and many more that use them. In this research we ask the question how the contamination emerged and how it was perpetuated.
Methods
Case study research about the PFOA- and GenX pollution by DuPont de Nemours/Chemours (‘Dordrecht Works’) in Dordrecht, the Netherlands. This case study combines a historical analysis of industry and government documents starting in 1967, observations of public meetings and expert interviews with municipalities, inspectorates, regulators, public prosecutors, police, civil society organizations, drinking water companies, scientists, journalists and chemical industry representatives.
Results
The emergence and perpetuation of chemical pollution by PFOA/Gen-X in and around the Dordrecht plant resulted from the intersection of political and economic actions and interests, therefore constituting a state-facilitated corporate crime. At the basis of the tardiness or even failure of governments to regulate PFAS emissions, lies a knowledge asymmetry between industry and regulators. Strategic behavior by companies challenged regulatory governance. Our study shows the long continuation of the contamination can be explained by, among others, fragmented regulation and legal challenges.
Conclusions
In preventing social harms like PFAS pollution from occurring again, learning from past cases is essential. This requires looking beyond specific instances when public and private interests colluded and looking at how those instances were shaped throughout time. This is essential in addressing the historic pollution by PFAS around the world.