The tort liability of environmental polluters

Our earth is the habitat, home and common heritage of all living beings. Protecting the environment that sustains our existence is both a right and an obligation. Due to factors such as the increase in population and consumption, the industrial revolution and the process of industrialization, the depletion of natural resources and the use of fossil fuels; human beings pollute the environment, disrupt the ecological balance and cause environmental damage. In order to prevent environmental damage and pollution, various regulations have been envisaged within the scope of environmental law. Article 28 of the Environmental Law establishes a strict liability regime for polluters. This type of liability carries the general elements of tort liability and the specific elements of the liability of the polluter. In the first section of our study, we outline fundamental concepts related to the environment and pollution, along with the framework of environmental law. The second section provides a detailed examination of the tort liability of the polluter, including its legal nature and elements. Finally, in the last section, we discuss the procedural law implications of the polluter's liability.