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10 Climate L. 1 (2020)

handle is hein.journals/climatla10 and id is 1 raw text is: CLIMATE LAW 10 (2020) 1-27 BRILL N IJ H O F F brill.com/cIla The Polluter Pays Principle in EU Climate Law: an Effective Tool before the Courts? Suzanne Kingston University College Dublin, Dublin, Ireland suzanne.kingston@ucd.ie Abstract In EU law the polluter pays principle (PPP) enjoys constitutional status: Article 191(2) of the Treaty on the Functioning of the European Union (TF EU) enshrines it among the fundamental principles of the EU's environmental policy. This article considers the legal status and development of the PPP in EU law, in the case law of the Court of Jus- tice of the European Union (CJEU) and in EU policy, most recently in the EU's Green New Deal. It goes on to identify three bodies of climate-related litigation where the PPP has been most influential to date: first, cases concerning the EU ETS and emissions; second, cases concerning EU energy law; and third, cases concerning EU state-aid law. The conclusion reflects on the potential role of the PPP in other areas, including cli- mate cases based on human and environmental rights, and climate cases brought against private parties. Keywords polluter pays principle - European Union law - Court of Justice of the EU - Green New Deal - state aid - EU Emission Trading Scheme - human rights - energy law i Introduction The polluter pays principle is often thought of as an aspirational or guiding principle rather than one that is justiciable by courts.1 While the principle 1 See Priscilla Schwartz, 'The Polluter-pays Principle', in Ludwig Kramer and Emanuela Orlan- do (eds.), Principles ofEnvironmental Law (Cheltenham: Elgar Encyclopedia of Environmen- tal Law, 2018), Volume VI. © KONINKLIJKE BRILL NV, LEIDEN, 2020 1 DOI:10.1163/18786561-01001001