Seeing as legacy pollution issues, essential use etc. have brought this very much in the news again, I thought I’ld flag an interview I had with the European Environment Agency magazine on the operationalisation of the polluter pays principle. That’s it. That’s the post.
EU environmental law, with Leonie Reins, 2017, Chapter II, 7.
Eitanit construction products (formerly known as Isasbest) failed in its judicial review of an Israeli Act which holds producers of hazardous materials (partially) liable for the remediation costs following pollution by said materials. The Israeli High Court rejected the asbestos manufacturer’s arguments, which were mainly based, I understand, on the protection of property rights. It upheld instead the application of the polluter pays principle. It also referred to a cradle to grave /well to wheel approach which is evident in for instance the European Union’s extended producer responsibility scheme.
In doing so, it referred to Aaron Ezroj’s 2009 article Extended Producer Responsibility Programs in the European Union, 20 Colo. J. J. Int’l L. & Pol’y 199. Aaron is a former student of mine, the article is based on his master paper here at Leuven.
I have yet to see an English version of the judgment. I have a Hebrew version on file for those versed in the language. English language reporting is available from Jonathan Zasloff and on JSpace. Discussion also included the principle of equality (non-discrimination) and retroactivity of Statute.