The singularity of the environmental damages : an analysis based on the Law of Environmental Liability in Spain

Abstract

This contribution analyses the environmental damages from the elements of definition provided by Law n.º 6/2007, of October 23, related to environmental liability in Spain and traces similarities between them and the classics which are the base of the classical civil liability from which is separated the environmental liability. So, they appear to be a specific issue given, at least, the regime of their repair, essentially orientated toward the reinstatement of the altered natural resource, being possible for the operator to redress by paying a sum of money only when the public Administration has taken appropriate measures at his place. This characteristic, beside the fact that environmental damages can take the form of threats or risks, enables to distinguish them from conventional ones.