Tutela ambientale e transizione ecologica: itinerari del diritto privato

In the framework of a renewed emphasis on environmental protection (see, for instance, the revised Articles 9 and 41 of the Italian Constitution) and a “just” transition towards a climate-neutral economy, this paper aims at addressing the – potentially groundbreaking – role played by certain “traditional” instruments of private law. The rationale is the following: the most successful pursuit of environmental protection requires the joint efforts of public and private legal tools, since, often, the interest of a private player can prove to be more effective than a keen prosecutor. Firstly, the potentially broader scope of Article 844 of the italian Civil Code, relating to private nuisance, is analysed, together with the new class actions introduced in the italian Code of Civil Procedure. Then, attention is brought to certain consumer and competition protection instruments, with specific regard to the greenwashing phenomenon. Lastly, the issue of environmental liability and the limits associated with a purely compensatory approach are addressed.