Download or read book The EU Environmental Liability Directive written by Lucas Bergkamp and published by OUP Oxford. This book was released on 2013-03-14 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book An EC Approach to European Environmental Liability written by Nicolette Ramcharan and published by . This book was released on 2000 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book EU Environmental Law International Environmental Law and Human Rights Law written by Armelle Gouritin and published by BRILL. This book was released on 2016-01-12 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: In EU Environmental Law, International Environmental Law, and Human Rights Law: The Case of Environmental Responsibility, Armelle Gouritin offers a critical appraisal of EU environmental responsibility law and asserts a new rights-based approach to international environmental law. This book addresses environmental damage, environmental harm, the grounds for environmental responsibility and the exceptions to the responsibility principle. A critical appraisal of EU Directives 2004/35 and 2008/99 is complemented by an analysis of the input of the European Court on Human Rights and international environmental law with a view to filling the gaps identified in the Directives. Gouritin offers a full analysis of the potential and limits of the rights-based approach applied to environmental responsibility.
Download or read book Equivalency Methods for Environmental Liability written by Joshua Lipton and published by Springer. This book was released on 2018-02-12 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Environmental Damage and Liability Problems in a Multilevel Context written by Sandra Cassotta and published by Kluwer Law International B.V.. This book was released on 2012-03-23 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Climate Change Liability written by Michael Faure and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book sheds new light on the growing issue of using liability as a tool for both preventing and compensating for the damage caused by climate change. Michael Faure and Marjan Peeters have brought together a selection of expert contributors who explore a variety of both national and European perspectives on the topic. Climate change liability is no longer only a theoretical idea since climate changelitigation has become so hotly debated and this book examines to what extent it can be used for mitigation and adaptation issues. Chapters discuss the potential role of liability within various legal systems, like the national systems of the USA and The Netherlands, but also EU and ECHR law. Liability is outlined in a broad perspective since not only compensation for damage suffered by plaintiffs isdiscussed, but also the need for prevention in order to obtain a reduction of greenhouse gases.
Download or read book White Paper on Environmental Liability written by and published by . This book was released on 2000 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book EU Environmental Law written by Geert Van Calster and published by Edward Elgar Publishing. This book was released on 2017-02-24 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Greening of European Business under EU Law written by Beate Sjåfjell and published by Routledge. This book was released on 2014-11-13 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relationship between environmentally sustainable development and company and business law has emerged in recent years as a matter of major concern for many scholars, policy-makers, businesses and nongovernmental organisations. This book offers a conceptual analysis of the principles of sustainable development and environmental integration in the EU legal system. It particularly focuses on Article 11 of the Treaty on the Functioning of the European Union (TFEU), which states that EU activities must integrate environmental protection requirements and emphasise the promotion of sustainable development. The book gives an overview of the role played by the environmental integration principle in EU law, both at the level of European legislation and at the level of Member State practice. Contributors to the volume identify and analyse the main legal issues related to the importance of Article 11 TFEU in various policy areas of EU law affecting European businesses, such as company law, insurance and state aid. In drawing together these strands the book sets out the requirements of environmental integration and examines its impact on the regulation of business in the EU. The book will be of great use and interest to students and researchers of business law, environment law, and EU law.
Download or read book Liability for Environmental Harm written by Emanuela Orlando and published by . This book was released on 2010 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Environmental Liability in a Federal System written by Kristel de Smedt and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A book series devoted to the common foundations of the European legal systems. The lus Commune Europaeum series includes comparative legal studies as well as studies on the effect of treaties within national legal systems. All areas of the law are covered. The books are published in various European languages under the auspices of METRO, the Institute for Transnational Legal Research at Maastricht University. The book examines the harmonisation of environmental liability rules in a federal system from a law and economics perspective. Throughout the book, soil pollution is used as an example. The author uses public interest and private interest theories to examine at which level environmental liability rules best can be decided in a federal system. The harmonisation of environmental liability rules in the European Union by means of Directive 2004/35/CE on Environmental Liability with Regard to the Prevention and Remedying of Environmental Damage induced this research. The Environmental Liability Directive gave rise to much controversy and conflict and resulted in animated academic and political debates on the role of liability rules for environmental damage and on the optimal policy level of liability rules for environmental damage in the European Union. Therefore, this book tries to unravel the decision-making process behind the Environmental Liability Directive, and the reasons and consequences of harmonisation. The author examines whether the harmonisation of environmental liability rules in the European Union corresponds with the optimal policy level of environmental liability rules as propounded by the economic theory on federalism and, if not, how harmonisation of environmental liability rules in the European Union can be explained. The author concludes that the shift of environmental liability rules to the European level was inefficient and does not correspond with the economic criteria or centralisation. Moreover, the content of the Directive itself shows inefficiencies. At the same time, the analysis in this book makes clear that the existence and the content of the Environmental Liability Directive largely can be explained by private interest distortions. Although this book studies environmental liability in the European Union, a similar line of reasoning could be applied to other fields of regulation. This book will therefore be of interest to all economists, lawyers and practitioners interested in regulation and the organisation of regulation in a federal system. Book jacket.
Download or read book Subsidiarity and Shared Responsibility written by Ute Collier and published by . This book was released on 1997 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book EU Environmental Policy Handbook written by Stefan Scheuer and published by International Books. This book was released on 2005 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: The publication of this handbook will be interested for everyone who will learn what the EU has done to protect the environment and to improve the quality of life in Europe, and what can be achieved in future. Well structured, concise and forward-looking, the handbook describes the history and current status of EU environmental law, but also looks to the future by analysing the strengths and weaknesses of the actions taken so far.
Download or read book The EU Environmental Liability Directive a Commentary written by Lucas and Barbara J Goldsmith (Eds.) Bergkamp and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Environmental Liability and Ecological Damage In European Law written by Monika Hinteregger and published by Cambridge University Press. This book was released on 2008-07-24 with total page 760 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a comprehensive analysis of environmental liability law in Europe, this book offers a general introduction to the status of environmental liability in Europe. It describes the relevant international treaties and the EC-Environmental Liability Directive and discusses the conflict of laws issues regarding transfrontier environmental damage. It also contains the results of a comparative project covering 14 jurisdictions in 13 European countries (Austria, Belgium, England and Wales, Finland, France, Germany, Greece, Ireland, Italy, Netherlands, Portugal, Scotland, Spain, Sweden) on the private law aspects of environmental liability. It addresses the main problems of the application of tort law in environmental law, such as the availability of non-fault liability, the establishment of causation, the scope of available remedies and the issue of legal standing. Due to the very limited harmonizing effect of the EC-Environmental Liability Directive national tort law will keep its importance in the field of environmental liability.
Download or read book Buying Green written by and published by . This book was released on 2004 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Future of European Union Environmental Politics and Policy written by Anthony R. Zito and published by Routledge. This book was released on 2020-07-29 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Future of European Union Environmental Politics and Policy investigates the trajectory of European Union (EU) environmental policy and reflects on how this hugely vital policy area of the EU has evolved over the decades. Gathering together a selection of the leading scholars working on European environmental policy, the volume assesses the extent to which change has occurred in important dimensions of EU environmental policy research. These dimensions include the EU’s values and approaches; the provision of leadership; the possibilities of Brexit and the dismantling of policies; policy instruments and climate change; policy implementation and enforcement; and policy evaluation. The contributors situate their research in the context of current developments and conditions, including the global economic challenges and the rise of political challenges to both European governance and integration. Each chapter reviews the EU environmental policy over the long term and assesses the implications of current developments for the future health of European environmental policy, European integration and the environment itself. The Future of European Union Environmental Politics and Policy will be of great interest to scholars of environmental politics, environmental governance and EU policy. The chapters were originally published as a special issue of Environmental Politics.
