NORWAY Law and Practice Contributed by: Elise Johansen, Tonje Hagen Geiran and Lene Marita Berg Hermann, Wikborg Rein Advokatfirma AS
and the Penal Code ( Straffeloven ). The Penal Code (Sections 240–242) criminalises intentional or grossly negligent acts that cause significant harm or risk of harm to the environment. With penalties of up to 15 years’ imprisonment for the most serious offences, the acts include: • polluting air, water or soil; • improperly handling waste; • reducing populations of protected or threatened species; and • damaging legally protected areas. 5.2 Liability for Historical Environmental Incidents or Damage Under Norwegian law, a current owner can be held liable for historical contamination even if they did not cause it. The Supreme Court has confirmed that an owner of a polluted property falls within the definition of “the party responsible for the pollution” under the Pollution Control Act ( Forurensningsloven ), Section 7 (2), and the state may claim reimbursement of public clean-up costs from such a “responsible party” under the Pollution Control Act, Section 76 (1). Authorities can also impose remediation duties on current opera- tors for historical pollution, including contamination that existed before their operations commenced. The scope of liability reflects a strict, risk-based approach, ensuring that those with control over a site take responsibility for preventing further harm and implementing remedial measures. Private contractual arrangements can allocate costs for historical contamination between parties, but such agreements do not affect statutory responsibility under the Pollution Control Act. Without a clear con- tractual transfer, the original polluting operator often remains liable between private parties, even if the cur- rent owner assumes operational control. 5.3 Key Defences For civil liability, the Pollution Control Act ( Foruren- sningsloven ), Section 55 establishes the general tort law principle that an injured party is entitled to full compensation for their economic loss. There must, in line with general tort law principles, be a causal con- nection between the loss and the polluting activity,
and the injured party has a duty to mitigate their loss. Strict liability applies to owners and operators, but with key limitations such as proportionality, multiple causation and mitigation provisions. Liability may be reduced or eliminated where other causes have pre- dominantly contributed to the damage. Fault-based liability applies to indirect contributors, while limita- tion periods generally run for five years, or three to six years in maritime cases. For administrative liability, proportionality is a central condition. The duty to take or finance remedial meas- ures applies only where these are reasonable in rela- tion to the damage and inconvenience to be avoided. Authorities may exercise discretion to limit or waive claims under the Pollution Control Act, Section 76 (3)– (4) if pursuing full liability would be inequitable or dis- proportionate. For historical pollution, authorities may choose among liable parties, and it may constitute an abuse of authority to target an owner if another party is clearly better placed to act. 6. Corporate Liability 6.1 Liability for Environmental Damage or Breaches of Environmental Law Under Norwegian law, corporate entities can be held criminally, administratively and civilly liable for envi- ronmental damage or breaches of environmental law. Under Section 27 of the Penal Code ( Straffeloven ), companies may incur corporate criminal liability for offences committed in the course of business, includ- ing environmental crimes under Sections 240–242, which cover intentional or grossly negligent pollution and serious breaches of environmental regulations. Liability does not require identifying a specific individ- ual offender. Sanctions include fines, confiscation of profits and, in severe cases, suspension of operations. Administrative measures under the Pollution Control Act ( Forurensningsloven ), such as orders, injunctions and coercive fines (as described above), can also be directed towards the company. Civil liability follows the Pollution Control Act, Section 55, which provides for full compensation for economic
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