General framework for imposing environmental damage compensation


The Central Pollution Control Board (CPCB) on December 23, 2022, issued a general framework for imposing environmental damage compensation. Environmental compensation needs to be imposed retroactively. The principle of strict liability shall be exercised on the polluter while implementing environmental damage compensation. Strict liability is the imposition of liability on the polluter without finding a fault such as exceedance of standards, negligence, or ill intention.

In cases where two or more persons are liable in respect of damage, the principle of joint and several liabilities may be imposed. Under joint and several liabilities, a State may pursue the obligation of EDC 6 against any one party as if parties were jointly accountable and it becomes the responsibility of the defendants to sort out their respective proportions of obligation and payment.

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