The task of environmental liability law is to check the environmental hazard of production facilities and products and to reduce the financial risks and thus the creation of compensation claims through precautionary measures. The stricter the liability regulations, the more the state is relieved of having to enact ever new environmental regulations.
Environmental costs are internalized (borne by companies), even if they can be insured. Insurance companies will charge high risks with high insurance premiums and low risks with low premiums.
Liability law alone can only come into play where there is a direct connection between the cause and the effect.
Example: A farmer sprays his orchard with substances dangerous to fish. As a result, all the fish in the nearby pond die.
In all cases in which several causes lead to environmental damage, environmental liability law cannot continue.
Example: According to current knowledge, forest dieback has several causes, e. B. acid rain, which in turn comes from numerous sources, ozone pollution on dry sunny days, monoculture, game browsing. The injured forest owners can therefore not assert any claims for damages.