30.09.2016

“I costi della protezione ambientale: gli orientamenti delle Corti nel mondo”

Luciano Butti, Beatrice Toniolo,
Bea – Il bollettino degli esperti ambientali, Elpo Edizioni, 2016, n. 2, p. 50.

To discuss about the costs of environmental protection is essential, as only environmental policies that are economically sustainable can have the support of all stakeholders, and, thus, be effective policy. The aim of the paper is to investigate what is the point of view of the Courts on the relationship between environmental protection and economic sustainability, especially as regards companies’ obligations. In the following chapters, decisions from different Courts, both national and international, will be analyzed. The paper will examine case law from the European Court of Justice, paying special attention to the relation between the precautionary and the proportionality principle (chapter 2). Chapter 3 will evaluate the approach taken by the Supreme Court of the United States in a recent ruling concerning the interpretation of the Clean Air Act, while Section 4 will illustrate a decision of the Supreme Court of the United Kingdom, still on the subject of air quality. The evolution of the Italian High and Constitutional Court position on this topic will be described in chapter 5. Finally, decisions from The Netherlands and Pakistan concerning climate change polices will be discussed (chapter 6). The last section will highlight the conclusions that have been reached.

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