NORWAY Law and Practice Contributed by: Elise Johansen, Tonje Hagen Geiran and Lene Marita Berg Hermann, Wikborg Rein Advokatfirma AS
12.3 Determining Liability When multiple parties have contributed to contamina- tion, liability is determined under the Pollution Control Act, which applies the polluter pays principle. Each polluter is responsible for ensuring that pollution is prevented and properly remediated. In practice, the authorities have broad discretion to require any one of the responsible parties to undertake or finance the entire clean-up, regardless of the extent of their indi- vidual contribution. In practice, the environment authorities will assess each party’s degree of responsibility, considering factors such as the extent, timing and nature of their activities, as well as their ability to influence or pre- vent pollution. After remediation, parties can seek reimbursement or apportionment among themselves through civil claims, based on their respective con- tributions. 12.4 Proceedings Against Polluters In Norway, locus standi in environmental matters is governed primarily by the Dispute Act ( Tvisteloven ). A person or organisation must have a legal interest ( rettslig interesse ) in the case to bring proceedings. This generally means that individuals or entities direct- ly affected by contamination, such as neighbouring landowners, property users, or those suffering dam- age to health, property or economic interests, have legal standing. Additionally, Norway recognises the standing of envi- ronmental organisations (NGOs) in certain cases. Thus, both private parties with a direct, concrete interest and qualified environmental organisations can have locus standi in contamination cases, depending on the nature and impact of the pollution. 12.5 Investigating Environmental Accidents When an incident occurs, the responsible party must immediately notify the relevant authorities (such as the police), as mandated by the Pollution Control Act ( Forurensningsloven ). The authorities will assess the severity and potential impact of the event and decide whether a full investigation is necessary. Investiga- tors will:
• secure the site; • collect evidence; • interview involved parties; and • analyse technical, organisational and regulatory factors contributing to the accident. The polluter has specific obligations under the Act, including: • reporting the incident; • taking immediate measures to limit pollution; and • covering costs associated with remediation. 13. Climate Change and Emissions Trading 13.1 Key Policies, Principles and Laws The Climate Change Act ( Klimaloven ) provides a legal- ly binding structure for achieving carbon neutrality by 2050 and sets interim five-yearly targets, requiring that national budgets and policies are aligned with these goals. Further, the Pollution Control Act ( Forurensning- sloven ) obliges polluters to prevent, limit and remediate environmental damage, including emissions affecting the climate. Norway also implements sectoral legisla- tion, such as the Petroleum Act, Planning and Building Act, and Transport Act, integrating climate considera- tions into energy, infrastructure and land-use decisions. Norway is fully participating in the EU Emissions Trading System (EU ETS), which applies to the larg- est emission sources within Norwegian manufacturing industries, the petroleum industry, aviation and ship- ping through the European Economic Area (EEA). The cap, or number of emission allowances in the system, is being gradually reduced to achieve a reduction of 62% in emissions in 2030 compared with 2005. This is an overall reduction for all installations covered by the EU ETS. Norway will also participate in the EU’s sepa- rate emissions trading system ETS2 for CO₂ emissions from fuel combustion in buildings, road transport and additional sectors (mainly small industry not covered by the existing EU ETS). To complement legal measures, Norway promotes renewable energy, electrification of transport, carbon capture and storage, and other low-emission tech-
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