environmental liability
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2021 ◽  
Author(s):  
Israel Castro ◽  
Diana Olivia Rocha ◽  
Tania Ruiz ◽  
Jorge Alejandro Alegria ◽  
Gustavo Cruz ◽  
...  

Abstract The former Tekchem Industrial Unit located in the city of Salamanca, Mexico, constitutes an environmental liability in which the presence of high levels of organochlorine pesticides (OCPs) has been reported. In the present study, levels of OCPs were quantified using gas chromatography – mass spectrometry in 52 soil samples and in 88 blood samples from school-age children in the city of Salamanca. A median concentration of 70.6 ng/g (6.93 - 3276) was obtained for total OCPs in soil, while for the total sum of dichlorodiphenyltrichloroethane (DDT) the value was 49.6 ng/g (6.93 - 3276). In children, the median level of the total sum of OCPs was 390 ng/g lipid (7.34 - 14895), and for the total sum of DDT was 175 ng/g lipid (<LOD - 14802). The OCPs that resulted in highest concentrations in soil were DDT and its metabolites, as well as aldrin and heptachlor epoxide; while in blood the highest levels corresponded to 4,4’-DDT and its metabolites, followed by heptachlor and heptachlor epoxide. The spatial distribution of the concentrations of OCPs in soil shows that the facilities of Teckchem may be a significant potential source for the dispersion of these compounds towards the metropolitan area of Salamanca. The results obtained in the present study demonstrate the presence of OCPs in soil and in child population, providing important bases to study the problem from a broader perspective, while reiterating the importance of continuing efforts to generate resolute and precautionary measures with respect to the environmental liability of Tekchem.


2021 ◽  
Vol 15 ◽  
pp. 66-71
Author(s):  
Cristian Mares ◽  
Constanta Mătusescu

Although the economic interests have played a major political role in the recent period, in a number of litigations the courts applied the “polluter pays” principle and rendered favorably judgments to the claimants which suffered a damage caused by pollution. In this respect, it is worth analyzing the case law of the European Court of Justice which has recently provided the presumption of liability for pollution of the operators which operates installations on land adjacent to a polluted area. As the Romanian case law is concerned, given the novelty of the framework of an objective environmental liability and the low number of cases related to this issue, it is to be developed a constant jurisprudence as the decision rendered by the Romanian Court of Appeal as of March 9, 2009, which forced a polluter to remedy totally and in kind the damage caused to an individual’s house.


2021 ◽  
Vol 13 (22) ◽  
pp. 12452
Author(s):  
Katarína Mäkká ◽  
Katarína Kampová ◽  
Tomáš Loveček ◽  
Katarína Petrlová

The issue of environmental risk assessment currently deserves great attention. In order to protect the environment, maintain healthy living conditions, and prevent environmental damage, the member states of the European Union have adopted a Directive of the European Parliament and of the Council on environmental liability with regard to the prevention and remedying of environmental damage. The directive classifies two types of operators with different liability regimes for environmental damage, namely, the regime with no-fault (strict) liability and liability for fault. With the adoption of the directive, among experts, operators and the general public have posed questions about how to assess the risk of environmental damage. At present, there is still no uniform procedure for assessing environmental risks, which would create a comprehensive methodological framework for assessment for this type of risk. Due to the non-existent risk assessment methodology for operators with strict liability regimes and the lack of a systematic search for risk sources, a risk assessment procedure is proposed that provides guidance in a sequence of several steps on how to implement the obligations arising from the adopted Environmental Liability Directive. The proposed procedure was verified on a specific operator with a strict liability regime. The environmental risk analysis performed through the proposed procedure provided information on possible operational problems and verified its applicability. Last but not least, the use of the proposed procedure makes it possible to identify serious sources of risk and to establish necessary preventive measures to prevent the occurrence of environmental damage.


Author(s):  
Laurent Franckx ◽  
Frans P. de Vries ◽  
Ben White

AbstractThis paper employs a multi-task principal-agent model to examine how a corporation’s organizational structure and liability rules for environmental damages affect the incentive schemes offered to managers. We derive environmental liability rules for risk averse managers under two alternative organizational structures: a product-based organization (PBO) and functional-based organization (FBO). For a PBO, it is shown that efficiency is independent of whether the firm or managers are liable for environmental damages; in a FBO it is optimal either to hold the firm liable for environmental damages or, equivalently, to only hold the environmental managers liable for damages. It is also shown that the two organizational structures are equally efficient when there is no correlation between environmental damages from products and no spillover between managerial effort across products or functions. Numerical results further reveal that beneficial spillovers between functions for the same product favours a PBO over a FBO; beneficial spillovers across functions favours a FBO.


2021 ◽  
Author(s):  
Jacob Phelps ◽  
Sakshi Aravind ◽  
Susan Cheyne ◽  
Isabella Dabrowski Pedrini ◽  
Rika Fajrini ◽  
...  

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