The Proposed Framework for Environmental Strict Liability in Europe: The Polluter Pays…Possibly

On January 23, 2002, the European Union took a bold step toward developing a common approach to environmental liability, one that imposes a strict liability standard aimed at ensuring that the “polluter pays”. However, opinion is divided both on the merits of this standard and on the approach taken at the EU level. This article examines how the EU's proposal and the imposition of environmental strict liability may herald a new era for environmental experts, insurers, and lawyers across Europe.