The Spanish Environmental Responsibility Law: a Proposal from Private Law for Legislative Reforms

Abstract

Without disregarding the meaning and scope of the Spanish Environmental Liability Law of 2007, based on an objective responsibility administrative model —and supposedly, unlimited liability— which has a «polluter pays» principle based, this regulation of 2007 October 23th, requires an adaptation of its approaches towards non-contractual civil liability in those cases in which the environment is affected and damage to people’s health occurs. The relationship between environmental law and health and safety is clear: the aim is to reduce exposure to environmental risks that can harm health, such as air and water pollution, through regulations to guarantee a safe environment that does not make population sick. However, the focus of regulation should change, since rather than managing natural resources, preventing pollution and preserving biodiversity with the imposition of sustainable practices in different industries, it should focus on civil liability derived from effective damage to health. caused in people by the polluter. Of course, waste management, the prevention of toxic spills and the use of clean energy are important; But even more important is to guarantee compensation for people who suffer direct and indirect damage due to pollution. We propose a reform of the 26/2007 Spanish Law, in accordance with the Sustainable Development Goals and the 2030 Agenda, which has people among its main axes.