Jun 24, 2012

Behaviors of Omission and Environmental Responsibility


The current development of human activities creates the need to understand the subject to be considered responsible for an event adversely affecting the environment .

For this reason, the case with the Legislature, has identified the operational mode to detect a case that may determine behavior in environmental responsibility.

The imputability of pollution can occur for active conduct , but also for failure to act and the proof can be given either directly or indirectly, i.e., in the latter case, the public administration responsible for environmental protection can make use of presumptions. Taking into account facts which can be drawn from the serious, specific and consistent evidence that would lead to a strong presumption, according to the id quod plerumque accidit, that pollution has occurred and that this is attributable to certain authors (cons. State, Sec. V, 16 June 2009, n. 3885).

The objective of this position of law is the need to identify environmental responsibility, for the demands of effective environmental protection, without the duty, the investigations aimed to identify specific factors responsible for the facts of contamination.

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