The Eu Environmental Liability Directive
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The Eu Environmental Liability Directive
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Author : Lucas Bergkamp
language : en
Publisher: OUP Oxford
Release Date : 2013-03-14
The Eu Environmental Liability Directive written by Lucas Bergkamp and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-14 with Law categories.
Similar to the United States (US) Natural Resource Damage (NRD) program, defined under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or "Superfund") and the Oil Pollution Act (OPA), the European Union's (EU) Environmental Liability Directive (ELD)imposes liability for, and requires remediation of, 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.The ELD was 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. While there are differences between the US and EU regimes, some of the underlying concepts, approaches and definitions embedded in NRD are also mirrored in the text of the ELD. The book includes a comparison of similarities and differences as well as synergies in practice; hence, this book will be of interest to both US and European readers. 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.
The Eu Environmental Liability Directive
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Author : Lucas Bergkamp
language : en
Publisher: Oxford University Press (UK)
Release Date : 2013-03-14
The Eu Environmental Liability Directive written by Lucas Bergkamp and has been published by Oxford University Press (UK) this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-14 with Law categories.
The 2004 Environmental Liability Directive (ELD) created a legal regime for the restoration of environmental damage that was novel to all EU Member States. This is the first book to provide a comprehensive commentary on legal issues arising under the ELD as well as guidance on interpreting and applying the ELD.
The Eu Environmental Liability Directive A Commentary
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Author : Lucas and Barbara J Goldsmith (Eds.) Bergkamp
language : en
Publisher:
Release Date : 2013
The Eu Environmental Liability Directive A Commentary written by Lucas and Barbara J Goldsmith (Eds.) Bergkamp and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Environmental law categories.
Equivalency Methods For Environmental Liability
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Author : Joshua Lipton
language : en
Publisher: Springer
Release Date : 2018-02-12
Equivalency Methods For Environmental Liability written by Joshua Lipton and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-12 with Technology & Engineering categories.
The book is the only technical volume that explains how equivalency analysis methods mentioned in Annex II of the European Environmental Liability Directive should be implemented. It uses case studies to illustrate real-world application of the methods, which are based on the experience in the USA and in the European Union and have been tested in three years of training programs funded by the European Commission. Academically rigorous and technically comprehensive, the book is intended for technical experts wanting to assess damage and remediation options as well as for decision-makers wishing to commission such assessments and judge their quality. These include competent authorities, operators, financial security providers, academics, consultants and NGOs.
Civil Liability For Environmental Damage
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Author : Mark Wilde
language : en
Publisher:
Release Date : 2013
Civil Liability For Environmental Damage written by Mark Wilde and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Environmental law categories.
By adopting a theoretical and comparative approach, this text asks whether, through increased protection of private interests, tort has the ability to provide a useful additional means of environmental protection to regulatory controls.
Environmental Liability And The Interplay Between Eu Law And International Law
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Author : Emanuela Orlando
language : en
Publisher: Routledge
Release Date : 2023-07-24
Environmental Liability And The Interplay Between Eu Law And International Law written by Emanuela Orlando and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-24 with Law categories.
The role of law in responding to global environmental problems and the interplay between different levels of regulation and governance is becoming increasingly relevant in the field of liability and reparation for environmental damage. This book examines the relationship and reciprocal influences between the EU and the international legal order in a multilevel and comparative perspective, in relation to the ongoing efforts to elaborate effective regimes of liability and reparation for environmental damage. It offers a comparative analysis of legal developments in the field of environmental liability within the EU and at the international law level and addresses questions concerning the impact of such interaction on the development, implementation and enforcement of appropriate responses to environmental damage within the respective legal orders and on a global level. Given the book’s focus and the transnational legal dimension of the issues covered, this volume will be of great interest to legal academics and researchers working in the environmental law field from an EU law and international law perspective, as well as more generally to scholars interested in the study of the relationship between EU and international law. Outside academia, the book will also be of great interest to practitioners wishing to get insights into the application of the law of environmental liability in the EU and at the international law level.
Environmental Damage And Liability Problems In A Multilevel Context
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Author : Sandra Cassotta
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2012-03-23
Environmental Damage And Liability Problems In A Multilevel Context written by Sandra Cassotta and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-23 with Law categories.
There is a growing interest at different decision-making levels (EU, international and national) in using liability as an element in solving the legal problems of environmental harm. The interest is founded on the necessity to take into account of complex inter-dependencies and interrelationships between the environmental media at global, regional and national levels. In an effort to implement the aims of sustainable development, new views of the traditional liability instrument have to be applied. The book focuses on the Environmental Liability Directive 2004/35/EC (the so-called “ELD”) on the prevention and remedying of environmental damage, and evaluates as to whether the ELD has achieved its goals and maintained its ambitions in terms of environmental protection, and what the optimal level of harmonization in terms of environmental protection is. In order to address the question of research of this book, an interdisciplinary framework of analysis and methodology combining political science and law are developed. Since environmental damage is a multidimensional and multidisciplinary problem, par excellence, a multidisciplinary approach is required. Consequently, the use of a multidisciplinary method, combining together in a systematic and rigorous fashion, law, political science, technical elements of economy, insurance law and natural science, is, in the research design of this study, necessary, in a view of tackling the topic in a scientific problem solving-oriented approach. The book draws the overall conclusions by suggesting proposals for amendments and recommendations to be utilized for possible redrafting of the ELD’s provisions for the time when the ELD will be object of a procedure of revision. This book will be of interest to practitioners in EU law and EU Environmental law, international environmental law, legal experts on the law of environmental liability, specialists within international organizations but also by political scientists, economists, insurance law specialists, and natural scientists.
Eu Environmental Law
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Author : Geert Van Calster
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-02-24
Eu Environmental Law written by Geert Van Calster and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-24 with Law categories.
EU Environmental Law discusses the reality for legal practice throughout the EU, as environmental law of the Member States is becoming ever less 'national'. Consequentially European environmental regulation is becoming more complex and interrelated, making it an emerging field of study for European law graduates, and an area of increasing exposure to the legal profession. This book gives readers a thorough overview of core European environmental law, with a section on the basic framework and principles, as well as on substantive law issues giving insight into the legislation in the different sectors and the most topical developments.
The Habitats Directive In Its Eu Environmental Law Context
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Author : Charles-Hubert Born
language : en
Publisher: Routledge
Release Date : 2014-11-27
The Habitats Directive In Its Eu Environmental Law Context written by Charles-Hubert Born and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-27 with Law categories.
This book analyses the Habitats Directive; one of the most prominent piece of EU environmental legislation of the past decades. Seen by some as the cornerstone of Europe’s nature conservation policy, among other measures the Directive established the so-called "Natura 2000" ecological network, which covers more than 18% of the surface of the EU. However, despite the fact the Directive was adopted over twenty years ago only 17% of the protected habitats and species in Europe are being adequately protected while 10-60 % of animal species remain under threat. In light of the limited success and the contested nature of the Habitats Directive so far this book examines the successes and failures of the Habitats Directive from a legal and political angle. The book brings together international experts to consider the application, implementation and future of the Habitats Directive in order to assess whether the Habitats Directive is resilient enough to tackle biodiversity loss in the twenty- first century. Particular emphasis is put on the legal regime attached to the Natura 2000 network and its possible impact on land development and the relationship between the Habitats Directive and other topics including liability for ecological damage and transboundary nature conservation.
Eu Environmental Law And Policy
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Author : David Langlet
language : en
Publisher: Oxford University Press
Release Date : 2016
Eu Environmental Law And Policy written by David Langlet and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Law categories.
An accessible and comprehensive resource, this volume details the structure and logic of EU environmental law and enables readers to quickly gain a thorough understanding of the different areas of EU secondary law pertaining to the protection of the environment.