The Commission's White Paper on Environmental Liability: A Weak Case for an EC Strict Liability Regime

Abstract

The White Paper on Environmental Liability published in February 2000; the main proposals as to the law. The reasons for legislating at the EC level — subsidiarity, the internal market, policy principles. Strict and fault liability; the proposal for strict liability in respect of damage caused by dangerous activities and the justifications for it; fault liability in respect of damage caused by other activities; the burden of proof. The scope of the proposed directive: strict and fault liability; prospective application. Insurance and financial security: the proposed role of insurance and its possible adverse consequences. Liable persons, liability being channelled to the operator; multiple liable parties. Limited defenses contemplated; the regulatory compliance defense; the state of the art defense. Damage to natural resources and problems of valuing such damage. The proposed regime in respect of contaminated sites. Standing to sue. Conclusions, including that the proposed scheme would be problematic and that the White Paper calls for further thought.