CHILEAN ENVIRONMENTAL COURTS AND SPECIAL REGIMES OF RESPONSIBILITY FOR ENVIRONMENTAL DAMAGE

Recent Chilean jurisprudence has classified environmental liability in terms of the restoration of damage, ruling out monetary compensation. Although this interpretation has the purpose of favoring environmental protection, granting the Environmental Courts powers in different areas, various substantial and procedural limitations make such protection difficult to achieve. These limitations can be overcome based on an alternative reading, which distinguishes a multiplicity of responsibilities in environmental matters and seeks unity in its repair, imposed by whatever applicable law.