The concept of <<alteration of the equilibrium of an ecosystem> at the crossroads between crimes of environmental pollution and environmental disaster

• Main Author: Andrea DI LANDRO
• Format: Article
• Language: English
• Published: Luca RAMACCI 2019-12-01
• Series: Lexambiente
• Subjects: environmental disaster; equilibrium of an ecosystem; alteration of the equilibrium of an ecosystem whose elimination is particularly expensive and achievable only with exceptional measures
• Online Access: http://lexambiente.it/en/1237-2019-4/14813-il-requisito-dell%E2%80%99alterazione-dell%E2%80%99equilibrio-di-un-ecosistema-al-crocevia-tra-i-delitti-di-inquinamento-e-disastro-ambientale.html

The paper aims to address some interpretative issues concerning the crime of <<environmental disaster>>, recently codified in art. 452 quater of the Italian Criminal Code (Law no. 68/2015). One of the main innovation of the crime in question is the concept of <<alteration of the equilibrium of an ecosystem>>, and more particularly of <<alteration of the equilibrium of an ecosystem whose elimination is particularly expensive and achievable only with exceptional measures>>. The verification of this last element seems to be carried out in the light of the following variables: objective costs of environmental remediation, solvency of the polluter and time required for the elimination of the alteration.