Inter-generational interests in European environmental liability regimes

Abstract

Environmental liability rules within the European Union can be used to safeguard the interests of children and future generations. This work attempts to analyse civil and criminal environmental liability regimes through the lens of inter-temporal interests instead of ‘rights of future generations,’ given the problems with implementing these nascent rights in many EU states. It argues that public protection of inter-temporal interests is grounded in solidarity and the principle of sustainable development, requiring national institutions to conserve options and resources in a nondiscriminatory manner. These interests are safeguarded through rules in EU liability regimes that prevent environmental damage, prioritize remediation even in criminal matters, and permit broad public participation to represent inter-temporal interests. It argues that these interests should also be carefully considered in private liability suits and whenever states intervene to remediate environmental damage at public expense, such under the proposed nature restoration regulation.