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The definition of what should be understood, legally and not only, by “environment” has often proved to be a very difficult undertaking and with unsatisfying results, as well as a precise and unified definition of pollution is very difficult.
However, the Italian legislature at art. 5 of the Environment Code,as a result of the integrations made by the D. Lgs. N. 128 June 29, 2010, offers a definition of pollution which, although contained in Title I of Part Second (so related to the administrative procedures of the EIA, VAS and AIA) can, however, take on a general relevance.
Pollution is therefore “the direct or indirect introduction, as a result of human activity, of substances, vibrations, heat or noise or more generally of physical or chemical agents, in the air, water or soil, which could harm human health or the quality of the environment, cause deterioration of material goods, or damage or disruption to recreational values of the environment or other legitimate uses”.
It is a It is a very broad and vague definition, but in some respects it is also very interesting.environment,to be understood according to a side meaning, which also includes the historical-cultural and identity values of the individual and the community, as well as the human need for contact with nature for the purpose of détente and inner enrichment. These observations are part of a still anthropocentric horizon of protecting the environment from the phenomenon of pollution.
The definition in commentary, however, seems to include an eco-centric perspective of protection, which recognizes an intrinsic value to the environmental good, a value in itself, irrespective of the need for an attribution of value and/or usefulness on our part, that is, of the human species, according to the teaching of one of the founders of environmental ethics as a new form of philosophical reflection, “man is the only measurer of things, but it cannot be the only measure.”
In particular, the reference to the quality of the environment,in addition to that of human health,must be understood precisely in the sense of setting the evaluation operation that the concept of quality inevitably invokes on parameters that do not they are uniquely and predominantly human, although this results in a much greater level of complexity.
Given these premises in relation to the The legislature’s definition of pollution for administrative procedures for assessing the overall impact of work or activity on the environment as a whole, it should be noted that the system takes into account From time to time, more specific and “sectoral” notions of pollution: for example,water pollution,thesoil pollution,theair pollution,thenoise pollution,theelectromagnetic pollution,thelight pollution and theodor pollution.
It should also be noted that the definition of pollution relevant to the existence of the new environmental pollution crime referred to in art. 452-bis c.p. identifies a narrower notion, which selects only pollutants with the characteristics of measurability and significance, for the full understanding of which the interpretative coordinates provided by the jurisprudence will be decisive legitimacy.