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The EU Environmental Liability Directive

The EU Environmental Liability Directive A Commentary

Author: Lucas Bergkamp; Barbara Goldsmith
Publisher: Oxford University Press
ISBN: 9780199670017
Published In: March 2013
Format: Hardback , 408 pages
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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The first volume examining the legal, administrative, scientific, and economic issues relating to the EU's Environmental Liability Directive
Incorporates analysis of the state of the case law to illustrate key issues and emerging practices
Experienced team of authors from private and public practice, and academia ensures expert commentary

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 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.

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.

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

Hans Lopatta: Foreword
Lucas Bergkamp and Barbara J Goldsmith: Introduction
PART 1. The EU Environmental Liability Directive
1: Geert van Calster and Leonie Reins: The ELD's Background
2: Edward Brans with Barbara Goldsmith: 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 Gard et al and Barbara Goldsmith: The Remediation Regimes
6: Lucas Bergkamp, Anke van Bergeijk, and Suriya Jayanti: Financial Security and Insurance
7: Edward Lockhart-Mummery and Barbara Goldsmith: 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 Nicolette et al: Experience with Restoration of Environmental Damage
10: Nicholas Gard, William Desvousges, and Barbara Goldsmith: Technical and Economic Issues and Practices in ELD Application
11: Barbara Goldsmith and Nicholas Gard et al: Case Studies
12: Barbara Goldsmith and William Desvousges: Emerging Best Practices
PART 3. Evaluating ELD Application
13: Michael Faure and Kristel De Smedt: The ELD's Objectives and Practical Effects
14: Michael Faure and Kristel De Smedt: The ELD's Costs and Benefits
15: Barbara Goldsmith and Lucas Bergkamp: The ELD's Future: Tools and Further Development

Edited by Lucas Bergkamp, Partner, Hunton & Williams LLP, and Barbara Goldsmith, President, Barbara J. Goldsmith & Company LLC

Lucas Bergkamp is a partner in the Brussels office of the international law firm of Hunton & Williams. Bergkamp, who is both a medical doctor and a lawyer, heads Hunton & Williams' European regulatory practice. A leading European law firm in the regulatory area, Hunton & Williams' Brussels office has a strong environmental law and liability practice, including soil and groundwater contamination, water pollution, and damage to protected habitats and species caused by accidents, spills, and normal operation. Bergkamp has been involved with the EU's Environmental Liability Directive since its inception and has commented extensively on the Commission's proposals. He writes and speaks frequently about a wide range of environmental liability issues, and is the author of Liability and Environment (2001). Until 2007 he was a Professor of Environmental Liability Law at Erasmus University Rotterdam, and currently teaches in the Energy and Environmental Law program of the Catholic University of Le

Barbara J. Goldsmith, who holds a graduate degree from Harvard University, is a specialist with over 25 years' experience in national and international environmental policy and corporate environmental management, particularly the interface between environmental regulatory requirements and industrial planning and development, and the effects of environmental policies on industrial operations and productivity. She is a leading authority on worldwide policies and practices related to natural resource damages liability and assessment.

The founder and President of Barbara J. Goldsmith & Company, an environmental management consulting practice with offices in both Washington, DC and Brussels, she established, in 1988, the Ad-Hoc Industry Natural Resource Damage Group. She has served as its Executive Director since inception. The program then expanded to a highly successful European counterpart focusing on the transposition and application of the EU Environmental Liability Directive in 2004 and today includes worldwide issues related to natural resource liabilities.

Contributors:

Lucas Bergkamp, Hunton & Williams
Edward Brans, Pels Rijcken
William Desvousges, Desvousges & Associates, Inc
Kristel De Smedt METRO
Michael Faure, METRO
Nicholas Gard, Exponent
Barbara Goldsmith, Barbara J. Goldsmith & Company
Suriya Jayanti, Hunton & Wiliams
Edward Lockhart-Mummery, Economist, UK DEFRA and Director, Resource Decisions Ltd.
Hans Lopatta, European Commission
Joseph Nicolette, Environ
Leonie Reins, KU Leuven
Anke van Bergeijk Hunton & Williams
Geert van Calster, KU Leuven
Christelle Van Wesembeeck DG Agriculture and Environment, Public Service of Wallonia