Polluter pays principle :Liability for environmental damage

The aim of this paper is to map out and analyse the way in which EU environmental law applies – and the degree to which it applies – the polluter pays principle (PPP) in article 191(2) Treaty on the functioning of the European Union (TFEU) through liability for environmental damage including liability for preventing and remediating pollution/contamination and other environmental damage, penalties for environmental damage offences, and civil liability claims for environmental damage. The paper also maps out and analyses EU legislation that forms the basis for water and biodiversity damage under the Environmental Liability Directive (ELD) and EU legislation that designates areas in which Member States should carry out remediation and/or restoration measures. Although the EU version of the PPP for liability for environmental damage does not apply directly to much of that legislation, Member State versions of the PPP may apply to national legislation that imposes liability for such remediation and/or restoration.