About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

8 Int'l J.L. Built Env't 2 (2016)

handle is hein.journals/jppel8 and id is 1 raw text is: The current issue and full text archive of this journal is available on Emerald Insight at: www.emeraldinsight.com/1756-1450.htm IJLBE 8,1 Received 2 November 2014 Revised 11June2015 Accepted 20 July 2015 International Journal of Law in the Built Environment Vol. 8 No. 1, 2016 pp. 2-20 ©Emerald Group Publishing Limited 175 / E-1450 DOI 10.1108RJLBE-11-2014-&033 The polluter pays principle and the remediation of the land Emma Lees Department of Land Economy, University of Cambridge, Cambridge, UK Abstract Purpose - The purpose of this article is to examine the national law regimes related to the remediation of contaminated land. Design/methodology/approach - The 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. Findings - This 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/value - This 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. Keywords Environmental, Liability, Contamination, Pays, Polluter, Principle Paper type Research paper Introduction The purpose of the Environmental Liability Directive (ELD) is to establish a framework of environmental liability, based on the polluter pays principle, to prevent and remedy environmental damage (European Commission, 2006, p. 1; Waite, 2006, p. 67). This goal is threatened by the variation in Member State liability for remediation of land, which sits alongside the ELD in the Member States. When the legislation in the Member States related to contaminated land is examined, it becomes clear that the Member States prefer to extend liability beyond the liability of the polluter. This is neither a mere difference of degree with the ELD, nor can it simply be dismissed as differing liability for different problems. Rather, it represents a profound conflict in understanding as to the operation of the polluter pays principle. A comparative study of the legal mechanisms in place across Europe demonstrates different models of liability for contaminated land, and shows that the intuitive appeal of the polluter pays principle, once translated into law, becomes malleable, contested and conflicted. This raises a significant further question: wherein lies the appeal of the polluter pays principle, and does the existence of supplementary legislation undermine that appeal? If so, perhaps

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most