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Topic: Polluter Pays


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In the News (Sat 26 Dec 09)

  
  Polluter pays principle - Wikipedia, the free encyclopedia
The Polluter Pays Principle is a principle in international environmental law where the polluting party pays for the damage done to the natural environment.
It is regarded as a regional custom because of the strong support it has received in most Organisation for Economic Co-operation and Development (OECD) and European Community (EC) countries.
Polluter Pays is also known as Extended Polluter Responsibility (EPR).
en.wikipedia.org /wiki/Polluter_Pays   (306 words)

  
 Encyclopedia of Sustainable Development   (Site not responding. Last check: 2007-10-01)
One of the core principles of sustainable development is the "Polluter Pays" Principle.
This recognises that the polluter should pay for any environmental damage created, and that the burden of proof in demonstrating that a particular technology, practice or product is safe should lie with the developer, not the general public.
Money put up by the "polluter" to insure against a worst case environmental impact, the bond would be recovered only if after sufficient time it had been demonstrated that the technology, process or product in question had been deemed to be safe as was reasonably acceptable.
www.ace.mmu.ac.uk /esd/Principles/Polluter_Pays.html   (193 words)

  
 Making the Polluter Pay   (Site not responding. Last check: 2007-10-01)
Pollution is the imposition of a harmful waste product or emission onto the person or property of another without that person's consent; it is a "trespass" under the principles of common law.
Polluters such as Exxon should be held responsible, not for violating a bureaucratic proscription about the hunting of birds or for having harmed some "public" resource, but because they harmed someone else's person or property, and they have no right to do that.
Upstream polluters were required to stop polluting, and pay damages and legal costs, since their pollution threatened the fishery.
www.libertyhaven.com /politicsandcurrentevents/environmentalismorconservation/polluter.shtml   (2471 words)

  
 Everglades Foundation   (Site not responding. Last check: 2007-10-01)
In 1997 the Florida Supreme Court determined "Polluter Pays" to mean those in the Everglades Agricultural Area as a whole should be responsible for 100% of the costs to clean up EAA pollution they caused.
Currently EAA polluters are paying less than 15% of their pollution cleanup costs while innocent taxpayers are paying more than 85% of the clean up costs.
In 1996, Florida voters approved by a huge margin the Polluter Pays amendment to Florida's Constitution to make those in the EAA who cause pollution responsible for the cost of cleaning up their own pollution.
www.saveoureverglades.org /polluter/email/email_main.html   (348 words)

  
 Tragedy of the commons - Wikipedia, the free encyclopedia
The "Tragedy of the commons" is a metaphor which should not be taken too literally as defining the concept.
A major theme running throughout the essay is the growth of human populations, with the Earth's resources being a general commons (given that it concerns the addition of extra "animals", it is the closest to his original analogy).
Keeping with his original pasture analogy, Hardin categorises these as effectively the "enclosure" of commons, and notes a historical progression from the use of all resources as commons (unregulated access to all) to systems in which commons are "enclosed" and subject to differing methods of regulated use (access prohibited or controlled).
en.wikipedia.org /wiki/Tragedy_of_the_commons   (2944 words)

  
 OECD Instrument
Domestic law which provides that the cost of reasonable measures to control accidental pollution after an accident should be collected as expeditiously as possible from the legal or natural person who is at the origin of the accident, is consistent with the Polluter-Pays Principle.
Measures to prevent and control accidental pollution are those taken to prevent accidents in specific installations and to limit their consequences for human health or the environment.
In the case of existing hazardous installations, compensatory payments or measures for changes in zoning decisions in the framework of the local land use plan might be envisaged with a view to facilitating the relocation of these installations so as to lessen the risks for the exposed population.
webdomino1.oecd.org /horizontal/oecdacts.nsf/linkto/C(89)88   (1467 words)

  
 Pannell Discussions
Indeed, polluter pays and beneficiary pays are usually in direct contradiction, so they can’t both have the status of truths.
This means that polluter pays would be applied to prevent a change to a more polluting activity, while beneficiary pays (or an approximation of it in the form of government funding) would be used to encourage a change to a more environmentally beneficial outcome.
Polluter pays and beneficiary pays are not the only options available to a government interested in promoting innovation and new technology development.
www.general.uwa.edu.au /u/dpannell/pd/pd0021.htm   (1400 words)

  
 SCADPlus: Environmental liability - proposal for a Directive
Proposal for a Directive of the European Parliament and of the Council of 23 January 2002 on environmental liability with regard to the prevention and remedying of environmental damage [COM(2002) 17 final - Official Journal C 151 E of 25.06.2002].
The principle according to which the polluter should pay when environmental damage occurs (the "polluter pays" principle) is set out in the Treaty establishing the European Community.
The aim of the White Paper on environmental liability, published in February 2000, was to examine how to implement the "polluter pays" principle in order to carry out the EU's environmental policy.
europa.eu /scadplus/leg/en/lvb/l28120.htm   (1060 words)

  
 Safe From Toxics
The polluter pays fees were imposed from 1980 until 1995 when the legal authority for the fees expired.
Since the polluter pays fees expired in 1995, the balance in the Superfund rapidly dwindled and was completely depleted by 2003.
The polluter pays fees also provide a market-based incentive for companies to reduce the use of toxic substances in order to avoid paying for their toxic pollution.
www.safefromtoxics.org /toxicwaste.asp?id2=21959   (801 words)

  
 Polluting pays
Many of the persistent toxic pollutants that are now found in the world's oceans and waterways are also found in the bodies of virtually all peoples and animals of the world.
These pollutants, especially those grouped under a category of chemicals called Persistent Organic Pollutants or P0Ps, have contaminated humans and wildlife either directly or indirectly from polluted water.
Persistent Organic Pollutants (P0Ps) are a class of mainly human-made toxic chemical substances that cause severe and long-term effects on wildlife, ecosystems and human health.
www.equitabletourism.org /Polluting.htm   (1326 words)

  
 Polluter pays, recycling, the environment and taxation   (Site not responding. Last check: 2007-10-01)
If we're going to follow the 'polluter pays' principle, we're the last people who should have to cough up, but apparently PAYE workers, who already pay an unfair proportion of taxes, are just going to have to pay some more.
In the mid 1990's governments met to decide a response to global warming, and agreed a treaty that was supposed to reduce the number of greenhouse gases produced.
In the refuse charges campaign, this means arguing that the real polluters should pay for the waste disposal, not the workers who already pay enough tax.
www.struggle.ws /ws/61/envir.html   (931 words)

  
 THE 4P APPROACH TO DEALING WITH SCIENTIFIC UNCERTAINTY
Thus is born the "precautionary polluter pays principle" (4P), which would allow a much more proactive approach to environmental problems because the bond would be paid up front, before the damage is done.
Both the precautionary and the polluter pays principles are also incorporated in the final resolutions of the 1992 United Nations Conference on Environment and Development.
Because of its logic, fairness, and efficiency and its ability to implement the precautionary and polluter pays principles in a practical way and to use legal and financial mechanisms with long and successful precedents, the 4P approach promises to be both practical and politically feasible.
dieoff.org /page33.htm   (5098 words)

  
 PANNA: POLLUTER PAYS PRINCIPLE DRAWS IRE OF FERTILIZER INDUSTRY. Michelle Thom, Sustainable Agriculture Week, Volume 3, ...
POLLUTER PAYS PRINCIPLE DRAWS IRE OF FERTILIZER INDUSTRY A proposed bill that would tax agricultural chemicals has incensed The Fertilizer Institute (TFI).
TFI said the assumption that farm chemicals are responsible for pollution and that taxation will solve the problem is unrealistic.
He said the law would not tax the actual polluter -- the urban water authorities who fail to comply with the Clean Water Act -- and it "penalizes environmental stewardship." Farmers and agribusiness have been making progress in the attempt to preserve the environment, he said.
www.panna.org /resources/pestis/PESTIS.burst.465.html   (372 words)

  
 India - Constitutional Right,. Environment Protection Fund, Polluter Pays Principle, Precautionary Principle   (Site not responding. Last check: 2007-10-01)
Among other types of environmental pollution caused by these tanneries, it is estimated that nearly 35,000 hectares of agricultural land in this tanneries belt has become either partially or totally unfit for cultivation, and that the 170 types of chemicals used in the chrome tanning processes have severely polluted the local drinking water.
Sustainable development, and in particular the polluter pays principles and the precautionary principle, have become a part of customary international law.
This authority shall implement the precautionary principle and the polluter pays principle, and identify the (1) loss to the ecology/environment; and (2) individuals/families who have suffered because of the pollution, and then determine the compensation to reverse this environmental damage and compensate those who have suffered from the pollution.
www.unescap.org /drpad/vc/document/compendium/in5.htm   (554 words)

  
 U.S. Senator Patty Murray - Murray Calls on President Bush to Restore "Polluter Pays" Superfund Fees   (Site not responding. Last check: 2007-10-01)
That year, taxpayers paid 18 percent into Superfund Trust Fund; and if the President does not reinstate "polluter pays," taxpayers will be on the hook for 100 percent of the Trust Fund by 2004.
The polluter should ultimately be responsible for paying for the clean-up at Superfund sites, not the general taxpayer.
We look forward to working with you to ensure that polluters pay to clean-up Superfund sites and to help protect communities across the nation threatened by contamination.
www.senate.gov /member/wa/murray/general/news.cfm?id=188905   (572 words)

  
 Corporate Veil Pierced to Give Effect to 'Polluter Pays' Principle - William Fry, Solicitors, Ireland's Leading ...
It concluded that the corporate veil could be pierced in order to give full effect to the 'polluter pays' principle.
The Judge noted that a polluter is defined in Council Recommendation 75/436/Euratom, ECSC, EEC of 3 March 1975 dealing with the "polluter pays" principle as "someone who directly or indirectly damages the environment or who creates conditions leading to such damage".
This case illustrates the increasing importance of the "polluter pays" principle in Irish waste management law.
www.williamfry.ie /article.asp?categoryID=29&articleID=631   (626 words)

  
 Ten Second Response: Superfund: Polluters Already Pay
The "polluter pays" tax would simply force law-abiding companies who practice sound environmental practices (and their customers) to assume responsibility for the actions of others.
Democratic leaders not only see symbolic value to the fight fight over who pays for Superfund cleanups; if they are someday able to shift the costs back to corporations, it could shift the Superfund program off the general budget, freeing up dollars for social programs favored by liberals.
When there is an identifiable and viable "polluter," consistent with the law, those companies are held liable for cleaning up or paying for the cleanup of that site.
nationalcenter.org /TSR031204.html   (760 words)

  
 Everglades Foundation   (Site not responding. Last check: 2007-10-01)
Those in the Everglades Agricultural Area who cause water pollution within the Everglades Protection Area or the Everglades Agricultural Area shall be primarily responsible for paying the costs of the abatement of that pollution.
For purposes of this subsection, the terms "Everglades Protection Area" and "Everglades Agricultural Area" shall have the meanings as defined in statutes in effect on January 1, 1996.
Legislation enacted to clean up pollution caused by those within the EAA as part of the settlement of a federal lawsuit against the State of Florida for not enforcing its own water quality laws and allowing polluted water from the EAA to enter Everglades National Park (ENP) and Loxahatchee National Wildlife Refuge
www.saveoureverglades.org /polluter/polluter_main.html   (459 words)

  
 Reinstate polluter-pays fees
Superfund's "polluter-pays" fees, which filled the trust fund and paid for the 30 percent of cleanups where the polluter could not be found or refused to pay, expired in 1995.
The trust fund is bankrupt, and the money to pay for these Superfund cleanups is coming from general revenues; in other words, taxpayers' pockets.
Americans are now paying for the worst toxic waste sites in the country with our health and our tax dollars.
seattlepi.nwsource.com /opinion/152572_superfund16.html   (726 words)

  
 SignOnSanDiego.com > News > World -- EU Parliament backs tough new polluter-pays rules proposal
The polluter-pays bill – a first for Europe – has been in the works for 20 years but received fresh impetus from several oil spills in recent years that caused huge damage to EU coast lines.
The legal norm across the EU now is that polluters are not liable for the full costs of repairing the damage they do to water, soil and animal habitats.
Public outrage at polluters has mounted in recent years after numerous oil spills off the coast of France and Spain caused severe damage to the local environment.
www.signonsandiego.com /news/world/20030514-1329-eu-environment.html   (444 words)

  
 The Implementation of the Polluter-Pays Principle
In exceptional circumstances, such as the rapid implementation of a compelling and especially stringent pollution control regime, socioeconomic problems may develop of such significance as to justify consideration of the granting of governmental assistance if the environmental policy objectives of a Member country are to be realized within a prescribed and specified time;
Where measures taken to promote a country's specific socio-economic objectives, such as the reduction of serious inter-regional imbalances, would have the incidental effect of constituting aid for pollution control purposes, the granting of such aid would not be inconsistent with the Polluter-Pays Principle.
Member countries continue to collaborate and work closely together in striving for uniform observance of the Polluter-Pays Principle, and therefore that as a general rule they should not assist the polluters in bearing the costs of pollution control whether by means of subsidies, tax advantages or other measures;
sedac.ciesin.org /entri/texts/oecd/OECD-4.09.html   (655 words)

  
 True Cost Economics : The Front
Environmentalists are hailing the decision as a major victory for the international 'polluter pays principle'.
The groups argued that the Court should uphold the polluter pays principle and send a strong message to polluters that they will be held accountable for their share of clean-up costs.
Although the province ordered several parties to pay for the clean up of the site in 1998, BC Hydro tried to escape liability even though its predecessor, the BC Electric Corporation, transported toxic coal tar to the site for 37 years.
www.adbusters.org /metas/eco/truecosteconomics/blog/index.php?id=203   (472 words)

  
 India - Constitutional Rights, Polluter Pays Principle   (Site not responding. Last check: 2007-10-01)
Several people in nearby villages are alleged to have contracted diseases due to the pollution, some of whom had died.
The court noted the finding in the Oleum Gas Leak Case II under which an enterprise that is engaged in a hazardous or inherently dangerous activity, which results in harm to anyone, is strictly and absolutely liable to compensate all those who are affected by the accident.
The Court also endorsed the polluter pays principle, under which the financial costs of preventing or remedying damage lie with those who cause the pollution.
www.unescap.org /drpad/vc/document/compendium/in3.htm   (586 words)

  
 BBC NEWS | Science/Nature | MEPs back 'polluter pays' law
Environmental groups are hailing the vote - the first by the whole parliament on the proposed "polluter pays" legislation - as a major success.
The newly amended draft of the so-called "Environmental Liability Directive" must now be considered by EU environment ministers and will only become law when the Council of Ministers and the Parliament have agreed on a final text.
The European Parliament has decided that the "polluter pays" principle should apply in two much-disputed areas: transport of materials at sea, and nuclear pollution.
news.bbc.co.uk /2/hi/science/nature/3027189.stm   (367 words)

  
 State: Make polluters pay, high court urged
The "Polluter Pays" mandate went into what seems to be the state's most ironclad document, the Florida Constitution.
The case could affect 6-million homeowners who pay property taxes to the South Florida Water Management District in a 16-county taxing area that stretches from Orlando to Key West.
Today, they argue against Polluter Pays by saying they are already funding Everglades cleanup through a $25-per-acre tax on farmland.
www.sptimes.com /News/082901/State/Make_polluters_pay__h.shtml   (1094 words)

  
 EU Passes 'Polluter Pays' Law   (Site not responding. Last check: 2007-10-01)
The European Union has given preliminary approval to a bill that would require companies to pay for cleanup of environmental contamination attributed to the company.
Companies would not be required to pay for cleanup, however, if the contamination was the result of activities allowed by the regulatory authorities of the member state.
Environmental groups had lobbied hard to require companies to pay for financial backing for any potential cleanup.
www.chemweek.com /news/2003/current/newswire06182003.html   (181 words)

  
 Philosophy, et cetera: Polluter Pays
In our current system, polluters get to pass the costs of their actions on to others, rather than taking responsibility themselves.
A real capitalist would want to bring our society closer to this ideal, by making sure that polluters pay the costs for their actions, rather than irresponsibly passing those costs along to others (including future generations).
Either that it would simply stifle the economy to the point where society would be worse off than with a little extra pollution, or that the companies paying these taxes would be undercut by foreign companies and would lose all of their customers and be forced out of business entirely.
pixnaps.blogspot.com /2005/09/polluter-pays.html   (1757 words)

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