‘Forever chemicals’ in focus: How Yorkshire could make UK legal history

The rural Yorkshire town of Bentham, home to around 3000 residents, has found itself at the unlikely centre of an escalating environmental crisis tied to decades of industrial activity. The town may soon make legal history as the site of the UK’s first potential case against ‘forever chemicals’, officially known as PFAS. An investigation in May revealed that Bentham is the most PFAS-polluted place in the UK, raising serious concerns about the long-term health and environmental impacts.

At the heart of the controversy is Angus Fire, a firefighting foam manufacturer that has operated in Bentham since the 1970s. Residents, who have long voiced their frustrations, are now looking at legal action against Angus Fire who are being held responsible for the contamination. If the case moves forward, it could represent a turning point for the UK, better aligning the country with global efforts to hold polluters accountable and contributing to initiatives aimed at tackling PFAS contamination to protect communities from further harm.

Nicknamed “forever chemicals,” they do not break down easily, persisting in water, soil, and air for decades. PFAS can accumulate in the bodies of animals and humans, leading to long-term exposure risks.

But what are Forever Chemicals?
PFAS, short for per- and poly-fluoroalkyl substances, are a group of over 10,000 synthetic chemicals developed in the 1940s. Known for their water, heat, and stain-resistant properties, they are widely used across industries and consumer products. Their applications range from non-stick cookware, waterproof clothing, cosmetics, fast-food packaging, and, crucially, firefighting foams.

However, these same properties also make PFAS highly problematic. Nicknamed “forever chemicals,” they do not break down easily, persisting in water, soil, and air for decades. PFAS can accumulate in the bodies of animals and humans, leading to long-term exposure risks.

The health risks associated with PFAS have been a growing concern for decades. Research has shown that exposure to PFAS is linked to thyroid disease, high cholesterol, kidney and testicular cancers, and pregnancy complications. PFAS exposure has even been tied to weakened immune responses in children, such as reduced effectiveness of vaccines. The environmental toll is equally serious. PFAS contamination harms wildlife by damaging the immune system, reproductive health, and organ function of species like polar bears and dolphins.

A 2019 report by the Nordic Council of Ministers estimated that annual direct healthcare costs from PFAS contamination in Europe ranged from €52 to €84 billion, underscoring the sheer scale of the crisis, presenting an economic burden.

Despite these issues, PFAS continues to be widely used, with their environmental footprint growing. Addressing contamination is costly and technically challenging, with current methods such as water filtration offering only partial solutions.

Bentham’s Fight Against PFAS
The battle for accountability in Bentham has been years in the making. When Angus Fire began operating in the 1970s, the risks of PFAS were not widely understood. Scientific awareness of PFAS harm began to grown in the 2000s but public knowledge remained limited. In 2006, the EU restricted the marketing and use of PFOS under the Dangerous Substances Directive, signalling increasing concern over PFAS.

In Bentham, the issue became undeniable in 2008, when groundwater tests at the Angus Fire site revealed PFAS levels 55,538 times above UK safety standards. Despite this, Angus Fire continued its operations, breaching environmental permits repeatedly – one permit was violated 20 times over the past decade. In 2023, the Environment Agency warned Angus Fire it could suspend operations after discovering unauthorised PFAS discharges.

The tipping point came in May 2024 when a report by ENDS, resulting from a string of freedom of information requests, revealed Bentham as the most PFAS-contaminated location in the UK. Soil, air, and water samples showed pollution far exceeding safe thresholds for human and environmental health, prompting residents to act.

Residents have turned to law firm Leigh Day for help. In November 2024, Leigh Day announced plans to file a landmark legal case against Angus Fire. Angus Fire claims it has not violated rules regarding PFAS production or testing at its Bentham site. The company stopped testing PFAS foams in 2022 as the industry prepares for the 2025 ban on PFAS foams containing PFOA, a known carcinogen. While Angus Fire has apologised and taken some responsibility such as halting the sale of PFAS-containing foams and offering ‘goodwill gestures’ to those affected. Residents say this falls short of meaningful action.

A senior associate solicitor at Leigh Day, stated:

“Angus Fire states that it no longer manufactures or tests any PFAS-containing foam products at Bentham or anywhere else in the world, but this does not help the people of Bentham. There is believed to be an extreme legacy issue here that needs urgently resolving.”

– Charlotte Armstrong

Currently, Leigh Day is continuing to investigate the situation, while the local council has committed to annual water testing to monitor conditions. This case has also prompted Leigh Day to investigate PFAS-related contamination in other regions, including allotment plots near AGC Chemicals’ plant in Thornton-Cleveleys, Lancashire.

The Global Fight Against PFAS
While Bentham’s battle represents the UK’s first significant legal case over PFAS, other nations have long been grappling with the challenges of these chemicals. The United States has seen thousands of lawsuits against chemical manufacturers, with notable outcomes like 3M’s $10.3 billion settlement in 2023 to address PFAS contamination in public water systems. This landmark case highlighted the scale of the problem and the growing demand for justice.

In Europe, regulatory action has been more proactive. The European Chemicals Agency (ECHA) aims to phase out most PFAS by 2030, and countries like Denmark, Germany, and the Netherlands have banned PFAS in certain products, such as firefighting foams and food packaging. These efforts underscore a recognition that aggressive action is necessary to mitigate the long-term risks posed by these chemicals.

The UK, however, has lagged behind. Although there are guidelines for monitoring PFAS levels in drinking water and soil, binding regulations remain sparse, and enforcement is inconsistent. If the Bentham lawsuit succeeds, it could catalyse change, encouraging the government to adopt stricter measures and inspiring other communities to seek justice.

Challenges in Addressing PFAS
Yet addressing PFAS globally presents daunting challenges. Their stability makes them resistant to degradation, and removing them from the environment is technically complex and costly. Technologies like activated carbon filtration or ion exchange can reduce PFAS in water, but they are expensive and not always effective on a large scale. Soil and site cleanups are even more difficult, often requiring years of innovation and investment.

The legal complexities add another layer of difficulty. Communities not only have to prove that contamination occurred but also show a direct link between exposure and specific harms which is an intricate and time-consuming process. Even when legal victories occur, the consequences of PFAS exposure often endure for generations. Despite these hurdles, legal cases and regulatory action remain crucial. They shed light on corporate and regulatory failures, drive systemic change, and offer affected communities a path toward justice.

Ultimately, addressing PFAS demands a global response. Governments and industries must adopt stringent regulations, invest in innovative cleanup technologies, and hold polluters accountable to confront the far-reaching legacy of these ‘forever chemicals’. Organisations such as ChemTrust have been crucial in advocating these changes and shaping solutions to tackle the PFAS crisis. To learn more or get involved, reach out to groups like ChemTrust and discover how you can make a difference.