The EU Environmental Liability Directive: A Commentary

Hardcover | April 14, 2013

EditorLucas Bergkamp, Barbara Goldsmith

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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 itsprevention 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 soiland 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 applyingthe 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 practicesrelating 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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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 itsprevention and restoration objectives. This volume...

Lucas Bergkamp is a partner in the Brussels office of the international law firm of Hunton and Williams. Bergkamp, who is both a medical doctor and a lawyer, heads Hunton and Williams' European regulatory practice. A leading European law firm in the regulatory area, Hunton and Williams' Brussels office has a strong environmental law an...

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Format:HardcoverDimensions:320 pages, 9.21 × 6.14 × 0.01 inPublished:April 14, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199670013

ISBN - 13:9780199670017

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Table of Contents

Hans Lopatta: ForewordLucas Bergkamp and Barbara J Goldsmith: IntroductionPART 1. The EU Environmental Liability Directive1. Geert van Calster and Leonie Reins: The ELD's Background2. Edward Brans with Barbara Goldsmith: Fundamentals of Liability for Environmental Harm under the ELD3. Lucas Bergkamp and Anke van Bergeijk: Scope of the ELD Regime4. Lucas Bergkamp and Anke van Bergeijk: Exceptions and Defenses5. Nicholas Gard et al and Barbara Goldsmith: The Remediation Regimes6. Lucas Bergkamp, Anke van Bergeijk, and Suriya Jayanti: Financial Security and Insurance7. Edward Lockhart-Mummery and Barbara Goldsmith: The ELD's National Transposition8. Lucas Bergkamp and Christelle Van Wesembeeck: Procedures under Member State Law Implementing the ELDPART 2. Emerging Issues and Practices in ELD Application9. Joseph Nicolette et al: Experience with Restoration of Environmental Damage10. Nicholas Gard, William Desvousges, and Barbara Goldsmith: Technical and Economic Issues and Practices in ELD Application11. Barbara Goldsmith and Nicholas Gard et al: Case Studies12. Barbara Goldsmith and William Desvousges: Emerging Best PracticesPART 3. Evaluating ELD Application13. Michael Faure and Kristel De Smedt: The ELD's Objectives and Practical Effects14. Michael Faure and Kristel De Smedt: The ELD's Costs and Benefits15. Barbara Goldsmith and Lucas Bergkamp: The ELD's Future: Tools and Further Development