Court orders expert assessment of eternal pollutants emitted by Daikin and Arkema near Lyon

The courts have dealt a serious setback to the Daikin and Arkema groups in the eternal pollutants case, by ordering an independent expert report to assess their historical responsibility in PFAS pollution south of Lyon.

A summary judge, seized in civil proceedings by the Lyon Metropolitan Area, has appointed a panel of experts responsible for producing a report by December 31, 2025 on the use of these chemical substances by the two manufacturers on their Pierre-Bénite site.

These experts will be able to demand documents and visit the sites in order to quantify the PFAS emitted over time by Daikin and Arkema and will have to give their opinion on the dates from which these companies became aware of the potentially harmful effects on the environment, according to a copy of the order issued Friday.

“For the first time, companies are being named and we are going to look for their share of responsibility in this pollution,” the president of the Lyon metropolitan area, environmentalist Bruno Bernard, told AFP, welcoming a “historic decision.”

According to him, the report should confirm their share of responsibility in the pollution of drinking water in the area and “the next step will be to go after them on the polluter pays principle.”

In the long term, the Metropolis intends to ask them to compensate for the additional cost of treating running water, estimated at a total of between 5 and 10 million euros to bring the running water intended for its residents below the European reference threshold.

– “Dispute in the making” –

At the hearing in May, Arkema and Daikin’s lawyers had asked the judge to reject the request for an expert opinion, highlighting in particular the absence of a law banning PFAS.

In November, a criminal judge had rejected on this ground an environmental criminal referral filed by several associations and individuals in order to obtain studies on the PFAS emitted by Arkema.

But in civil law, there is no question of illegality. The judge simply considered that a “dispute was in the making” between the parties and that an expert report was necessary in order to establish the facts to settle it.

In a message to AFP, Arkema “acknowledged” this decision on Tuesday, before specifying that it was “examining the opportunity to appeal.”

A spokesperson also recalled that Arkema was “in compliance with the regulations in force concerning its PFAS discharges” and that “numerous analyses are already carried out daily” within the framework set by the authorities.

– Searches –

The French company Arkema and the Japanese company Daikin have been using per- and polyfluoroalkyl compounds, PFAS, in their Pierre-Bénite factories for years, but the nature and volume of their releases over time remain poorly understood.

Virtually indestructible, these substances accumulate, hence their nickname “eternal pollutants”. In the event of exposure over a long period, they can have effects on fertility or promote certain cancers, according to initial studies.

Following the broadcast of journalistic investigations in 2022, regional authorities launched a control campaign and required Arkema to stop using PFAS by the end of 2024. The manufacturer has since installed a filtration station to drastically reduce its emissions.

At the same time, legal actions are increasing against the two groups.

Searches were carried out on April 9 at their site as part of a criminal investigation, opened after the complaint of the mayor of Oullins-Pierre-Bénite for endangering the lives of others.

And a summary judge, seized by residents’ associations, suspended the operation of a new Daikin production unit in June. Appeals have been filed against this decision.

In addition, the Senate and the National Assembly had considered a framework for PFAS in May. The environmental bill was put on hold with the dissolution.

© 2024 AFP

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