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Vol 21 No 11 Nov/Dec 2016

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The EU Environmental Liability Directive: A Commentary

Edited by: Lucas Bergkamp, Barbara Goldsmith

ISBN13: 9780199670017
Published: March 2013
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £140.00



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The European Union's Environmental Liability Directive (ELD) first published in 2004 and has since been transposed into the national laws of all EU Member States. However there is little guidance available to authorities and industry in interpreting and applying the ELD and meeting its prevention and restoration objectives.

This volume is the first to describe the EU's ELD and to examine the emerging issues and practices in its application. The ELD imposes liability for significant damage to natural habitats and species protected at Community and national levels, surface and ground waters covered by the Water Framework Directive, and land. Prior to the ELD's adoption many Member States had programs in place for the restoration of soil and groundwater contamination, but none had a regime for addressing harm to unowned natural resources.

This volume presents a comprehensive legal commentary on the legal issues arising under the ELD, as well as an overview of administrative, technical, and legal issues and practices in applying the ELD regimes to cases of actual or threatened environmental damage. In doing so, it discusses both substantive issues and important procedural and process-related issues.

Several case studies are presented to illustrate the issues and practical solutions. In addition, emerging best practices relating to practical ELD application are identified and presented. Identifying and discussing a wide range of emerging administrative, technical, and economic practice issues arising under member state legislation transposing and implementing the ELD, this book will be a valuable resource for all those whose work is affected by the ELD.

Subjects:
Environmental Law
Contents:
Introduction

PART 1. THE EU ENVIRONMENTAL LIABILITY DIRECTIVE
1. The ELD's Background
2. Scope of the ELD Regime
3. Fundamentals of Liability for Environmental Harm under the ELD
4. Exceptions and Defenses
5. The Remediation Regimes
6. Financial Security and Insurance
7. The ELD's National Transposition
8. Procedures under Member State Law Implementing the ELD

PART 2. EMERGING ISSUES AND PRACTICES IN ELD APPLICATION
9. Experience with Restoration of Environmental Damage
10. Technical and Economic Issues and Practices in ELD Application
11. Case Studies
12. Emerging Best Practices

PART 3. EVALUATING ELD APPLICATION
13. The ELD's Objectives and Practical Effects
14. The ELD's Costs and Benefits
15. The ELD's Future: Tools and Further Development