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The polluter pays principle and the remediation of the land

The polluter pays principle and the remediation of the land PurposeThe purpose of this article is to examine the national law regimes related to the remediation of contaminated land.Design/methodology/approachThe methodology used is comparative. Models for different systems are described on the basis of varying interpretations of the polluter pays principle. The regimes present in the Member States are then analysed to see which model they have adopted. A comparator from each model group is then considered.FindingsThis article presents three key findings. First, it concludes that the extent to which additional national legislation relating to environmental damage is permitted, which depends upon the notion of “more stringent” legislation, is incoherent where more than one interpretation is given to the polluter pays principle. Second, the different interpretations given to the principle undermine harmonisation. Finally, this has wider implications for how we justify liability for contaminated land.Originality/valueThis comparative study of the interpretation of the polluter pays principle, through its implementation in Member States, provides a valuable and novel insight into environmental liability regimes in Europe. It also demonstrates the different type of regimes that are developed on the basis of such different interpretations. Although the different national attitudes to contaminated land policy and remediation have been considered before, this article adds to this debate by suggesting a central cause of such variation in the shape of different interpretations of a principle of the European Union. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Journal of Law in the Built Environment Emerald Publishing

The polluter pays principle and the remediation of the land

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References (22)

Publisher
Emerald Publishing
Copyright
Copyright © Emerald Group Publishing Limited
ISSN
1756-1450
DOI
10.1108/IJLBE-11-2014-0033
Publisher site
See Article on Publisher Site

Abstract

PurposeThe purpose of this article is to examine the national law regimes related to the remediation of contaminated land.Design/methodology/approachThe methodology used is comparative. Models for different systems are described on the basis of varying interpretations of the polluter pays principle. The regimes present in the Member States are then analysed to see which model they have adopted. A comparator from each model group is then considered.FindingsThis article presents three key findings. First, it concludes that the extent to which additional national legislation relating to environmental damage is permitted, which depends upon the notion of “more stringent” legislation, is incoherent where more than one interpretation is given to the polluter pays principle. Second, the different interpretations given to the principle undermine harmonisation. Finally, this has wider implications for how we justify liability for contaminated land.Originality/valueThis comparative study of the interpretation of the polluter pays principle, through its implementation in Member States, provides a valuable and novel insight into environmental liability regimes in Europe. It also demonstrates the different type of regimes that are developed on the basis of such different interpretations. Although the different national attitudes to contaminated land policy and remediation have been considered before, this article adds to this debate by suggesting a central cause of such variation in the shape of different interpretations of a principle of the European Union.

Journal

International Journal of Law in the Built Environment – Emerald Publishing

Published: Apr 11, 2016

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