Abstract
Abstract The precautionary and prevention principles require that environmental risks should timely and adequately be regulated before potentially harmful activities are undertaken. The system of administrative environmental law provides ample instruments for such regulation. However, scientific uncertainties about environmental risks could complicate the formulation and implementation of effective environmental risk management strategies. This could lead to systemic imperfections and regulatory gaps which, in turn, undermine the system’s effectiveness and increase the need for regulatory ‘back-ups’. The system of private law is often seen as a potential back-up. In analyzing the complementary effects between both systems and using environmental risks of chemical mining activities in the (deep) subsoil as an example, this article concludes that the actual regulatory effect of tort law should not be overestimated. The complementary role of tort law in regulating environmental risks is mostly limited to the specification and on some occasions enforcement of environmental responsibilities.
Highlights
Industrial activities are often associated with environmental risks
Courts decisions could either signal that the behaviour and/or risk management via free access policies of those who engage in chemical mining activities are in accordance with the responsibilities enshrined in the substantive norms of tort law.[47]
In this article we have identified the potential of and complementary effects between the systems of administrative environmental law and tort law in regulating environmental risks in general and those of chemical mining activities in particular
Summary
Industrial activities are often associated with environmental risks. For instance, chemical mining activities in the deep subsoil can lead to ground water and soil contamination and cause environmental degradation.[1]. 4.1 Introduction Environmental risk management strategies can first and foremost be implemented in the system of administrative (EU and national) environmental law.[23] underexposed in the literature in this field, there is broad consensus that a key function of environmental law is the regulation of environmental risks through influencing the conduct of and determining the relations between relevant actors, creating a legal framework for environmental risk management.[24] It does so within a substantive, an institutional, an instrumental and a safeguarding dimension (section 4.2).[25] This distinction serves analytical purposes and is helpful for identifying and categorizing indicators for legal effectiveness and legitimacy of environmental law (section 4.3).[26] On the basis thereof, specific strengths and weaknesses of subsystems of environmental law can be identified (section 4.4), which in turn provides useful information for the further analysis of the additional role of liability law (and/or other systems of law) in regulating specific environmental risks, such as those potentially resulting from chemical mining activities
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