A is the keeper of a vehicle for the transportation of dangerous chemicals. While passing through a nature reserve the vehicle starts skidding and the chemicals get spilled onto the ground and into the nearby river.

1. Does A have to pay for the clean-up costs?

2. The nature reserve contained some exceptional plants and wildlife. After the clean-up, the private association C starts a programme in order to restore the ecological balance of the impaired environment. Does C have a right to claim these costs from A and under what conditions?

3. The spill has contaminated the habitat of an extremely rare plant that is now extinct. Is A liable for this damage? Who has the right to claim the damage? Would it be of importance if A was at fault? How is this damage evaluated?

4. The nearby river, frequently used for white water canoeing and rafting, is contaminated and cannot be used for this purpose for the next three years. Plaintiff D, the owner of an outdoor entertainment business that has organised rafting and canoeing tours on the river for the last ten years, suffers a total loss of profits. Does D have the right to claim damages from A?

5. Would it make any difference if the nature reserve was state-owned?

Comparative remarks

Comparison

Cases 16 and 17 discuss the availability of tort law remedies for harm caused by water pollution.