Liability of Public Authorities in Cases of Non-Enforcement of Environmental Standards

Abstract

This paper will explore the possibility of using tort law based instruments for the enforcement of environmental standards. Not by using these instruments vis-à-vis those who are violating environmental standards (which could be regarded as a rather innovative approach to the subject), but vis-à-vis public authorities not taking sufficient enforcement action with respect to persons and undertakings who are primarily responsible for the environmental harm. Our main question therefore is, whether a non- or unsatisfactory enforcement of environmental law by public authorities can result in liability to pay damages based on general civil law.

Keywords: enforcement, torts, environmental law, state liability

JEL Classification: K13, K32