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

22 Pages Posted: 13 Nov 2007 Last revised: 1 Jul 2014

See all articles by Kars J. de Graaf

Kars J. de Graaf

University of Groningen - Faculty of Law - Department of Administrative Law and Public Administration

Jan H. Jans

University of Groningen - Department of Administrative Law and Public Administration, Faculty of Law

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

Suggested Citation

de Graaf, Kars Jan and Jans, Jan H., Liability of Public Authorities in Cases of Non-Enforcement of Environmental Standards. Pace Environmental Law (PELR) Review, Vol. 24, No. 2, 2007, Available at SSRN: https://ssrn.com/abstract=1029571

Kars Jan De Graaf

University of Groningen - Faculty of Law - Department of Administrative Law and Public Administration ( email )

9700 AS Groningen
Netherlands

HOME PAGE: http://www.rug.nl/staff/k.j.de.graaf

Jan H. Jans (Contact Author)

University of Groningen - Department of Administrative Law and Public Administration, Faculty of Law ( email )

P.O. Box 716
Groningen, 9700 AS
Netherlands
+31 50 363 8870 (Phone)

HOME PAGE: http://www.rug.nl/staff/j.h.jans/index

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