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Print articleParent Company Liability for the Environmental Liabilities of its Subsidiary
September, 2013 - Erica Nobel and Sanna Blomqvist
In June 2013, the Land and Environment Court handed down a judgment in a case concerning parent company liability for environmental pollution caused by a subsidiary, (Case No. M 11429-12). Initially, we give a brief description of the term operator followed by an account of the judgment in question.
The term operator
In accordance with chapter 10 § 2 of the Environmental Code, the term “operator of a contaminated site” refers to anyone who operates or has operated a business or undertaken actions that have contributed to pollution. In certain situations, e.g. when several legal entities or natural persons have been involved, it can be difficult to assess which person should be regarded as the operator. The determining factor must then be who had the actual and legal resolution for the activities that contributed to the contamination.
