Tata Steel to face criminal prosecution in the Netherlands for deliberately polluting

A complaint was filed on behalf of 800 residents

Tata Steel is being taken to court over pollution that Dutch prosecutors say the company caused on purpose, following a mass complaint filed by more than 800 residents living near its IJmuiden plant.

The Openbaar Ministerie (OM), the Dutch public prosecution service, announced on Wednesday that it will criminally prosecute Tata Steel IJmuiden. After a years-long investigation, prosecutors say they have found enough grounds to bring the steelmaker before a judge.

The company stands accused of intentionally and unlawfully releasing harmful substances into the air, with possible consequences for public health.

What exactly is Tata Steel accused of?

The charges go beyond the emissions themselves. According to the OM, Tata Steel also failed in its duty of care by not maintaining its factories properly.

Prosecutors say Tata Steel also operated at times without the correct permits, and failed to report a number of pollution incidents to the authorities.

Those incidents centre on the plant’s coke gas factories, where coal is baked at high temperatures to make coke, a basic ingredient in steelmaking. When that process is not completed properly, it can lead to harmful emissions.

Residents in the surrounding IJmond region have complained about these emissions for years, often filming incidents on camera to get them noticed.

The ageing coke gas factories may now be heading for early closure, and the regional environmental service has been pushing to withdraw their permits.

How did we get here?

The case traces back to spring 2021, when lawyer Bénédicte Ficq filed a criminal complaint on behalf of more than 800 local residents. According to Nu.nl, they accused Tata Steel of knowingly emitting substances that damage their health.

Research later backed up those health concerns. A study by the RIVM, the Dutch National Institute for Public Health and the Environment, found that people in the village of Wijk aan Zee live shorter lives because of Tata Steel’s emissions.

Their life expectancy is roughly 2.5 months below the national average, driven by fine particles and nitrogen dioxide.

The OM said the investigation took so long because it was large, technical, and legally complex. It’s still not clear whether individual managers at Tata Steel will be prosecuted too, as that part of the investigation is ongoing.

A first hearing will take place at the Amsterdam District Court on November 20.

The timing is awkward, too. Tata Steel is in the final stretch of talks over up to €2 billion in government support to make its plant greener, with the cabinet initially hoping to sign off in September.

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Sarah O'Leary 🇮🇪
Sarah O'Leary 🇮🇪
Before becoming the Senior Editor of DutchReview, Sarah was a fresh-faced international looking to learn more about the Netherlands. Since moving here in 2017, Sarah has added a BA in English and Philosophy (Hons.), an MA in Literature (Hons.), and over five years of writing experience at DutchReview to her skillset. When Sarah isn't acting as a safety threat to herself and others (cycling), you can find her trying to sound witty while writing about some of the stickier topics such as mortgages and Dutch law.

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