Liability allocation in pollution involving multiple responsible parties
2020
Priya, Lakshmi | Varghese, George K. | Shah, Irfan Khursheed
World over, the instances where polluters are made to pay for the damages they have caused to the environment are on the rise. If more than one party is found responsible for pollution, our analyses of statutes of different countries, covering more than 57% of the world population and more than 45% of its land area, showed that liability is to be allocated among the involved parties on an equitable basis, often decided by the courts. Analyses of a number of court cases showed that the factors considered for allocation in such cases may be classified into two, technical and non-technical. It was also found that the legal liability of pollution was different from the technical liability in many cases due to the influence of non-technical factors that were very specific to the case. These non-technical factors often do not fall under the investigation purview of an environmental forensic expert who carries out technical investigations to find the responsible parties. Based on the analysis, it is suggested that the liability allocation be a two-stage process; the first stage being technical liability allocation done by the forensic expert and the second stage the final (legal) allocation by the court. It is also suggested that clear guidelines be prepared for technical liability allocation. There was also a felt need to quantify remediability to make the remediation liability allocation easier.
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