On June 26, the Court of Assizes of Vicenza issued a criminal judgment convicting 11 chemical plant executives for environmental crimes related to PFAS contamination. Pollutants from the Miteni chemical plant are alleged to have spread across more than 70 square miles in northern Italy's Veneto region, impacting soil, groundwater, and drinking water for an estimated 350,000 people. The historic ruling marks the first time a court has held corporate managers criminally liable for PFAS pollution.
PFAS exposure from Miteni chemical plant
Per- and polyfluoroalkyl substances (PFAS) are a group of man-made chemicals known for their resistance to water, grease, heat, and corrosion. These "forever chemicals" widely found in consumer products are extremely persistent in the environment and the human body. As testing for PFAS expands globally, studies have revealed that a vast majority of people now carry these chemicals in their blood.
In 2013, after scientists detected high levels of PFAS in water bodies near the Miteni chemical plant, the Veneto government began blood testing residents of surrounding provinces. The region declared a state of emergency due to PFAS contamination in 2018. In 2020, a "Red Area" of maximum exposure covered approximately 230 square miles including 30 municipalities and approximately 140,000 people. One study of residents in the Red Area found higher relative risk for general mortality, diabetes, cerebrovascular diseases, and some forms of cancer. Another study found evidence of increased mortality from cardiovascular disease, and kidney and testicular cancer.
Corporate transitions and executive accountability
While ownership of the Miteni facility had shifted over time, the court found that corporate transactions did not absolve individual responsibility for the alleged pollution of one of Europe's largest groundwater basins and resulting environmental disaster. Founded in 1965, the chemical plant operated as a subsidiary of Mitsubishi from the 1980s until the plant was sold to International Chemical Investors Group (ICIG) in 2009 for the price of one euro. The plant closed due to bankruptcy in 2018.
Former leaders from Miteni, Mitsubishi Corporation, and ICIG were sentenced to prison terms ranging from 2 years and 8 months to 17½ years. Notably, the court imposed harsher sentences than prosecutors had requested, totaling more than 141 years across the 11 convictions. Civil damages totaled over €75 million (approximately $80 million USD), including over €56 million awarded to Italy's Ministry of the Environment, €6.5 million to the Veneto Region, and compensation for nearly 300 civil parties comprised of private individuals and public entities. The judgment also recognized the joint liability of the convicted executives for future cleanup and environmental restoration costs.
Evolving trends in PFAS liability
Among the key arguments raised by the defense were the lack of Italian laws regulating PFAS and the lack of available technologies to detect PFAS at the time of the alleged conduct. However, evidence was introduced at trial indicating that the company had been aware of the toxic, bioaccumulative nature of PFAS since the 1990s. While the legal proceedings are not yet final and the ruling remains subject to appeal, the case already has gained international attention, as it appears to be the first time individual company executives have been held personally responsible for PFAS contamination.
June's sentencing follows a historic ruling by the Court of Vicenza recognizing for the first time, a causal link between the death of a Miteni plant worker and his exposure to PFAS. New forms of legal recognition for individuals harmed by PFAS are emerging in international courts, as scientific awareness and litigation efforts expand. In later 2023, Sweden's Supreme Court held that PFAS in the blood of residents constitutes personal injury.
Taft Summer Associate Callia Téllez contributed to this article.
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