Non-contractual civil liability for environmental damage caused in road construction or operation

Abstract

This paper intends to determine when there is "significant" damage to the environment and which is the tort system to demand material repair, when it has been caused on the occasion of the construction and operation of roads, with special attention to whether it is a concession, pointing out the most relevant features of the legislation (and its future reform with the Environmental Courts Act) and reviewing the existing case law. It is concluded that the standard of conduct imposed to concessionaires by law (Concession Act and Environmental legislation) and our courts, is extremely demanding in terms of guilt; that the restricted locus standi in the environmental action, especially when the damage has been caused by the State itself; and that, facing irreparable damage, rather than a monetary compensation, a in natura compensation should be more advisable...