Navigating the (In)visible Chemical Pollution: The Legal Challenge of ‘Forever Chemicals’ (PFAS)

Abstract

Per- and polyfluoroalkyl substances (PFAS), known for their exceptional persistence, constitute a large group of chemical compounds that have been widely used since the 1940s in industrial applications and in products such as pesticides, food packaging, firefighting foams, cosmetics, and non-stick cookware. However, this persistence results in their continuous presence in the environment, as they do not naturally break down, leading to accumulation in soils and water and causing serious impacts on human health and the environment. Regulation of PFAS at international and European levels includes a range of regulatory tools, such as the Montreal Protocol for ozone layer protection, the Stockholm Convention on Persistent Organic Pollutants, and the European REACH Regulation. Chemical pollution from PFAS compounds is also one of the major challenges in the judicial handling of environmental cases, with proving causation and identifying the pollution source being extremely difficult, as has been highlighted in cases in the USA, Sweden, the Netherlands, Belgium, and in Greece, with the case of the Asopos River. A comprehensive approach to addressing the PFAS challenge requires combined strategies of prevention, design, and remediation, incorporating the principles of circular economy and prevention. The application of the “polluter pays” principle can act as a deterrent, enhancing the responsibility of producers and preventing the dangerous use of these chemicals. Legal progress and the adaptability of the regulatory framework are of crucial importance for the effective management of PFAS and the remediation of the impacts of their production.