Environmental Pollution Compensation: Law No. 2872 and Liability

Environment Law No. 2872, art.28, introduces an objective (faultless) liability regime with the provision that "those who pollute and damage the environment are responsible for the damages arising from the pollution and degradation they cause, without requiring any fault condition."

Nature of Responsibility

• No fault requirement.
• A causal link between the activity and the damage is sufficient.
• Compulsory insurance obligation (environmental insurance).
• If there is more than one pollutant, joint liability.

Persons Who Can Claim Compensation

• The person directly harmed.
• Environmental protection association, foundation, non-governmental organization.
• Municipal (damage to public property).
• Fisheries cooperatives (sea/lake pollution).

Compensable Damages

• Agricultural product damage.
• Pollution of water resources (drinking water, irrigation).
• Livestock damage.
• Soil contamination (loss of real estate value).
• Health damage (personal).
• Pecuniary damage.
• Environmental restoration costs.

Supreme Court 4th HD and HGK — Established Approach

4. HD and HGK strictly apply the "objective liability" regime in environmental pollution compensation; The defense of "I had permission" does not remove liability if the conditions of the permission are not complied with or if the permission limit is exceeded. Damage is concretized through expert reports.

Practical Steps