3. Environmental Damage Penalty

Parties responsible for the pollution of an environment should be required to clean it up, pay someone else to clean it up, and/or to have purchased insurance that would cover at least some of the liabilities arising during such pollution events. The degree of cleanup required would vary according to the particular facts of each case, but generally, polluted environments should be required to be restored, as much as practical, to their condition before the pollution event.

Furthermore, a punitive penalty would be assessed which is a multiple of the total cost of cleaning and restoring the environment to its condition prior to the pollution event. However, this punitive penalty multiple would be based on the particular facts of the case, including the degree of negligence, cooperation with authorities, history of the company in similar matters, sensitivity of the environment suffering damage, and other relevant aspects. If the environment was deliberately polluted, the punitive penalty multiple applied would be significantly larger.

In all cases, if, as a result of damage due to the pollution, lands that were used for revenue purposes (including tourism) were no longer able to produce the same amount of earnings, the difference between the actual earnings and the projected earnings should be multiplied by a certain punitive multiple and paid to all parties affected for up to 25 years after the date of damage or contamination or for however long the land was projected to earn revenues, whichever financial cost is less.


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