Development of a two stage liability allocation process in case of multiple party pollution

Abstract

Liability allocation in pollution incidents involving multiple polluters is a challenging task even in cases where thorough forensic investigation has been carried out. A two-stage liability allocation process, i.e., technical liability allocation carried out by technical experts followed by legal liability allocation, is suggested for adoption in such cases. The liability allocation may be required for the impacts of pollution and/or for remediation of the polluted site. The first stage of liability allocation, i.e., technical liability allocation is discussed in the paper. The study identified and evaluated the most relevant technical factors that should be considered for responsibility allocation. These factors, quantified from the results of an environmental forensic investigation, can be aggregated as ‘Impact index’ and ’Remediation index’ for use in liability allocation. A method for the estimation of ’Impact index’ and ’Remediation index’ is suggested. The study argues that the overall liability allocation can be made more efficient and faster when the liability allocation is a two-stage process.