Practical sheet | REF: FIC0482 V1

Environmental liability and ICPE: scope of application

Author: Solange VIGER

Publication date: May 10, 2012 | Lire en français

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2. Identify the cases in which your environmental responsibility cannot be called into question

Not all environmental damage is compensable under environmental liability.

Certain types of environmental damage are excluded from the environmental liability regime.

This is the case for environmental damage considered to be non-serious, according to criteria set by the public authorities. For example, soil contamination that does not create a serious risk is not covered by environmental liability:

  • soil characteristics and properties;

  • the nature of the contamination;

  • contaminant hazard and dispersion.

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Identify the cases in which your environmental responsibility cannot be called into question