Hacia la construcción de un sistema eficaz de responsabilidad objetiva por daños medioambientales: algunas cuestiones de prospectiva

Environmental health is exposed to various hazards which are polluting activities. Reducing environmental vulnerability to these hazards must be one of the goals of this field. To articulate a system of environmental strict liability, with the capacity to achieve the effective and total repair of the damages caused by these activities, may be a great contribution of Law. Although the Spanish liability system through the Environmental Responsibility Act has been a great step forward (specially when it is possible to prove which activities are causing the damage, its operators assume the cost of repairing such damages independently of their degree of culpability), there is still a long way to go on, because this objective cannot be achieved effectively without removing externalities that still persist when it has not been possible to prove the causal relationship and when the environment is not compensated for the damages that would not be repaired with primary repair measures.