Environmental damage, such as air, water, and soil pollution, has a profound impact on human health, biodiversity, and the future of our planet. In the face of these threats, liability for environmental damage has become a key legal issue.
Compensatory liability in this regard aims to ensure that individuals or entities that cause environmental damage face consequences in the form of an obligation to repair the damage caused. In this article, we will examine the principles of compensatory liability for environmental damage and the basic legal acts.
Legal basis for liability for damages for environmental damage
Compensation for environmental damage in Poland is regulated by several key legal acts, the most important of which is the Act of 13 April 2007 on the Prevention and Remediation of Environmental Damage. Under this Act, businesses are obligated to prevent and repair environmental damage if it occurs. The Act introduces a liability mechanism that requires the coverage of costs associated with environmental damage remediation, including:
- costs of removing pollution,
- restoring the environment to its previous state,
- costs related to the protection of human health if the damage occurred as a result of environmental pollution.
The European Union's system for preventing and remedying environmental damage is based on the "polluter pays" principle. In Poland, these principles were introduced by the aforementioned Act, which defines responsibility for preventing and remedying environmental damage. The Act also regulates the obligations of entities using the environment whose activities may lead to a risk of damage, and defines the competencies of state authorities responsible for matters related to environmental damage (such as the Regional Director for Environmental Protection and the Minister responsible for the Environment).
Environmental damage is any negative and measurable change in the condition or function of its components, assessed relative to its initial state, and caused directly or indirectly by the activities of an entity using the environment. Where damage affects protected species or habitats, the Act also applies to entities that do not conduct activities deemed hazardous to the environment. Such entities are obligated to take immediate preventive or remedial action aimed not only at removing the effects of the damage but also at eliminating future threats, restoring the environment to its pre-damage state and preserving its natural values and components.
The issue of environmental damage is becoming increasingly important, as reflected in the growing number of rulings at both the EU and national levels. However, it is important to remember that for environmental damage to be considered, certain statutory conditions must be met, which also entails the liability of the relevant entities.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of March 4, 2025
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