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When it comes to environmental damage, a basic tenet is that the polluter should pay. Nonetheless, public authorities regularly incur clean-up costs. Environmental damage often transcends the individual polluter, affecting a plurality of personal and/or public goods. Its diffuse extent and complex nature make environmental protection a collective interest. Thus, it comes as no surprise that public authorities can be legally obliged to take preventive and remedial measures against environmental damage. However, when public authorities act on such a legal obligation, the question arises: whose burden are the costs of the measures taken? The emergence of the polluter pays principle indicates a preference to allocate the costs to those who elicit the legal obligation.

journal of european tort law

Cost Recovery of Preventive and Remedial Measures against Environmental Damage from the Polluter through Tort Law: European Spill Over, Troubled National Waters?