The EU Environmental Liability Directive
– A Commentary
Författare:Bergkamp Lucas , Goldsmith Barbara
Titel:The EU Environmental Liability Directive – A Commentary
Omfång:408 sid.
Förlag:Oxford University Press
Typ av verk:Kommentar
Ämnesord:Miljörätt , EU-rätt , Skadeståndsrätt

Pris: 1383 SEK exkl. moms
This is the first volume examining the legal, administrative, scientific, and economic issues relating to the EU's Environmental Liability Directive. It incorporates analysis of the state of the case law to illustrate key issues and emerging practices.

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.

Written by an experienced team of authors from private and public practice, and academia ensures expert commentary.

Hans Lopatta: Foreword
Barbara J Goldsmith and Lucas Bergkamp: Introduction
PART 1. The EU Environmental Liability Directive
1: Geert van Calster and Leonie Reins: The ELD's Background
2: Edward Brans: Fundamentals of Liability for Environmental Harm under the ELD
3: Lucas Bergkamp and Anke van Bergeijk: Scope of the ELD Regime
4: Lucas Bergkamp and Anke van Bergeijk: Exceptions and Defenses
5: Nicholas W Gard, Gary N Bigham, Carlo Monti and Cristiano Pozzi: The Remediation Regimes
6: Lucas Bergkamp, Nicolas Herbatschek, and Suriya Jayanti: Financial Security and Insurance
7: Barbara J Goldsmith and Edward Lockhart-Mummery: The ELD's National Transposition
8: Lucas Bergkamp and Christelle Van Wesembeeck: Procedures under Member State Law Implementing the ELD
PART 2. Emerging Issues and Practices in ELD Application
9: Joseph P Nicolette, Barbara J Goldsmith , Richard J Wenning, Timothy R Barber, and Fabio Colombo: Experience with Restoration of Environmental Damage
10: Nicholas W Gard and William H Desvousges: Technical and Economic Issues and Practices in ELD Application
11: Barbara J Goldsmith, Richard J DeSanti and Edward Lockhart-Mummery: Case Studies
12: Barbara J Goldsmith, William Desvousges, and Lucas Bergkamp: Emerging Best Practices
PART 3. Evaluating ELD Application
13: Michael G Faure and Kristel De Smedt: The ELD's Effects in Practice
14: Lucas Bergkamp, Nicolas Herbatschek, Michael G Faure, Kristel De Smedt: Sanctions and Enforcement
15: Lucas Bergkamp and Barbara J Goldsmith: Practice to Date and Path Forward
Appendix: The EU Environmental Liability Directive

Readership: Practitioners and academics specializing in the environment in Europe and worldwide; international organizations; environmental law scholars and students; reference libraries in the UK and worldwide
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