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The EU Environmental Liability Directive - A Commentary (Hardcover)
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The EU Environmental Liability Directive - A Commentary (Hardcover)
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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.
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