DEBUNKING MISLEADING CLAIMS ABOUT THE IED COMPENSATION RIGHT

ClientEarth defends the proposed IED compensation right, which allows individuals suffering health damage from illegal pollution to seek remedy. The document clarifies that the right does not reverse the burden of proof, as victims must still provide evidence of health damage, an IED violation, and a link between the two. It further argues that the right is distinct from the Environmental Liability Directive, which excludes individual compensation, and asserts that the measure will incentivize legal compliance without causing excessive litigation.

• The IED compensation right allows victims of health damage caused by illegal pollution to seek compensation, addressing a current lack of effective, harmonised rules for court remedies.
• The right does not constitute a reversal of the burden of proof; instead, it creates a rebuttable presumption of a causal link if the victim provides sufficient evidence.
• The compensation right is intended to incentivize compliance with EU law and only applies when an installation is in breach of IED rules, such as exceeding pollutant emission limits.
• The IED compensation right is distinct from the Environmental Liability Directive, as the latter only covers environmental damages and explicitly excludes individual compensation rights.
• Claims that the compensation right will lead to excessive litigation are refuted by pointing to similar presumptions in EU competition law, equal treatment legislation, and data protection that have not caused such issues.

APA

ClientEarth (2023). DEBUNKING MISLEADING CLAIMS ABOUT THE IED COMPENSATION RIGHT. https://www.clientearth.org/media/a3fnoz0w/ied-compensation-right_ep_july-2023.pdf

Chicago

ClientEarth. DEBUNKING MISLEADING CLAIMS ABOUT THE IED COMPENSATION RIGHT. 2023. https://www.clientearth.org/media/a3fnoz0w/ied-compensation-right_ep_july-2023.pdf.

Wikipedia

{{cite press release |author=ClientEarth |title=DEBUNKING MISLEADING CLAIMS ABOUT THE IED COMPENSATION RIGHT |date=July 2023 |url=https://www.clientearth.org/media/a3fnoz0w/ied-compensation-right_ep_july-2023.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@misc{clientearth2023debunking, author = {{ClientEarth}}, title = {{DEBUNKING MISLEADING CLAIMS ABOUT THE IED COMPENSATION RIGHT}}, publisher = {ClientEarth}, year = {2023}, month = jul, url = {https://www.clientearth.org/media/a3fnoz0w/ied-compensation-right_ep_july-2023.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }