Timber Loftis |
02-21-2004 03:02 PM |
Quote:
Originally posted by Dreamer128:
Related article:
EU to pass "polluter pays" bill
European Union MPs and governments have agreed to introduce new legislation to make companies pay for the cost of cleaning up the environmental damage they cause. Not all EU countries currently apply the principle that the polluter pays, with legal discrepancies most marked in southern Europe.
However, the Euro MPs failed to convince member states to require companies to take out insurance against environmental damage. Instead, the European Commission is to put forth proposals aimed at setting up a uniform environmental insurance system.
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Here again, I'd like to highlight a difference. "Polluter pays" is a bedrock theme in environmental law, first established and almost always followed by US Laws. However, the real question is what if the polluter is bankrupt? Or what if the polluter went bankrupt 30 years ago and doesn't exist anymore?
The US law deals with this by imposing strict liability on the current owner, regardless of fault. Yep, you read that right. The notion is that the social benefits of cleaning up the property are so important, it's worth hanging the albatross of cleanup costs around the neck of an INNOCENT party.
Of course, there's also the notionn that if you purchased property without investigating for past contamination, you are NOT innocent. ;) So, this draconian rule does contain an "out." If you thoroughly investigate a property and do not find the past environmental impacts, you can actually get "off the hook," but a good investigation almost always discovers past impacts.
And, what of the current owner being treated unfairly? Well, it ain't all about fairness in environmental law. Now, if the current owner wants he can bring the past operator (the polluter) into the picture and pass the costs on to them (the basic "polluter pays" principle), but where there's no one to "pass the buck" to, tough luck pay up. [img]graemlins/deal.gif[/img]
Anyway, just a further note as to the differences.
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