Environmental Liability - Law, Policy and Practice - Volume 26 - Issue 3

Articles

Polluter pays principle under Nigerian Environmental Law
OLAYINKA OLUWAMUYIWA OJO
Associate Professor, Jindal Global Law School, O. P. Jindal University Sonipat, India

“If anyone intentionally spoils the water of another ... let him not only pay damages but purify the stream or cistern which contains the water…”.Pollution has been with humans since the commencement of physical and economic activities, but the surge in pollution we are currently experiencing started duringthe 1900’s industrialisation. The release of chemicals mainly from the burning of fossil fuel, emission of biocidal products, and hazardous substances has resulted in this massive pollution. To address this cataclysm, the Polluter Pays Principle was adopted which generally imposes liability of preventing and controlling pollution on the originator (the polluter). This principle imposes responsibility on polluters to bear the costs of managing pollution, compensate victims, and be responsible for eventual environmental damage. Several countries have adopted this principle as part of their environmental principle, including Nigeria. This article will critically look into the polluter pays principle in Nigeria.

Case Commentary

The California Air Resources Board (CARB) steers clean miles standard towards formal rulemaking
JOSHUA T BLEDSOE, CHARLES C READ, JEN GARLOCK, Latham & Watkins, USA.

Japanese knotweed: keeping claims under control
DAVID MCARDLE, JON QUIRK, Beale & Co, Bristol.

The UK & Scotland’s green recovery: three key litigation trends
NIALL MCLEAN, Brodies LLP, Edinburgh, Scotland.

Changes to the UK’s regulatory regime for oil and gas reflect the growing significance of the energy transition
JUDITH ALDERSEY- WILLIAMS, VALERIE ALLAN, CMS Law, Aberdeen, Scotland.

The first successful claim against the French State for failure to honour its obligations to combat global warming – Paris administrative court’s judgment of 3 February 2021 on climate change: the case of the century, or is it?
CHRISTIAN DADOMO, Senior lecturer in law at Bristol Law School, University of the West of England.

US Litigation and Regulation
AMERICAN COLLEGE OF ENVIRONMENTAL LAWYERS
Battling over battlegrounds: climate torts return to the Supreme Court
TRACEY HESTER, University of Houston Law Center, Texas.

Combating climate change with the clean air act’s international air pollution provision
MICHAEL BURGER, Columbia Law School, New York. 

Current Survey

European Union
MARTIN HEDEMANN-ROBINSON, University of Kent, Canterbury

Key Policy Developments July–August 2019

Forest Protection
Implementation of EU Environmental Law
Change of European Commission
Law Enforcement Issues
Air Quality
Climate Action
Environmental Impact Assessment
Nature Protection
Water
Noise Pollution
Waste
Animal Welfare
Energy Efficiency
Transport

EU Environmental Legislation Update..