Guernsey decision to drop PFOS legal case reviewed

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PFOS-contaminated soil being removed from next to Guernsey Airport runway, where a fire engine overturned
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The government carried out millions of pounds worth of work to remove soil contaminated by PFOS, including a spill from an overturned fire engine

An external review will be carried out into a legal case settled between Guernsey States and the maker of an allegedly dangerous fire-fighting foam.

Perfluorooctane sulfonic acid (PFOS) was a component in foam used at both Guernsey and Alderney airports from the 1970s until the year 2000.

Accountants PWC will review the case that cost the States £8m.

Chief Minister Jonathan Le Tocq said it would examine internal and external legal advice and risk management.

Paul Whitfield, chief executive officer of the States of Guernsey, said the review would help assure the community about the way public money is spent.

The review will examine both how the strength of evidence was evaluated and how the process was managed.

Channel Express plane crash in January 1999
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The main sites of PFOS use were at the airport and after this plane crash in 1999, in which both crew members died

PFOS-contaminated soil being buried in a bund at the entrance of Guernsey Airport
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The PFOS-contaminated soil was buried in two bunds, one at the entrance to Guernsey Airport

The legal action - which was heard in the High Court in London - pursued by the Public Services Department (PSD) was an attempt to recoup some of the costs involved in making water courses and soil around the airport safe.

PFOS has been identified as a persistent pollutant with the potential to damage the environment and human health and many countries, including the UK, have restricted its use since 2007.

Manufacturers 3M argued the chemical presented no harm to the community.

Last week PSD said its legal team had advised a successful outcome was now unlikely and it had agreed to a settlement, which sees the government paying legal costs of £6.6m and 3M's legal costs of £1.4m.

The aim is for the review to be completed by the end of March 2016.

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