environmental liability Articles

  • Environmental liability: the issues and dangers

    There appears to be a growing demand for a coherent system of liability for environmental damage at Community level. This paper tracks the thinking of the Community on this issue and considers whether any such system is justifiable, together with some of the main substantive problems in designing such a system. The difficult issues of 'damage from the past' and retrospective liability are also ...


    By Inderscience Publishers

  • White Paper on Environmental Liability

     Executive Summary This White Paper explores various ways to shape an EC-wide environmental liability regime, in order to improve application of the environmental principles in the EC Treaty and implementation of EC environmental law, and to ensure adequate restoration of the environment. The background includes a Commission Green Paper in 1993, a joint hearing with the European Parliament ...

  • Environmental Liabilities and Simulation

    Environmental costs are incurred by organizations in response to requirements of federal statutes (e.g., Clean Water Act, Clean Air Act, Oil Pollution Act) or state and local laws, and may be incurred either voluntarily or as part of a program to comply with these statutes and laws.  Examples of environmental costs include compliance programs, fines, penalties, legal fees, new pollution ...


    By Oracle Crystal Ball GBU

  • Defects in the Environmental Liability Directive

    After much deliberation, the European Union enacted a directive on Environmental Liability, 2004/35/EC. The April 30, 2007 date for national transposition and the effectiveness of the law has passed. Its requirements are now in force, but how effective will they be? One key element of the Directive is the requirment that operators notify authorities when their actions cause (Article  6) or ...


  • New environmental liability law in Spain

    Last 24 October 2007 the Official State Bulletin (BOE) Law 26/2007of 23 October on Environmental Liability was published. This text aims to transpose European Directive 2004/35/CE, of 21 April on Environmental Liability which seeks to achieve the prevention and remedying of environmental damage. It establishes a framework based on the 'polluter pays and repair' principle, according to which ...

  • The precautionary principle and absolute liability

    Worldwide, the precautionary principle has been applied in various ways in the environmental decision-making process. Often the interpretation of the principle is based on absolute scientific certainty, cost-benefit analysis, or environmental equity. However, science cannot be absolute. Moreover, the resulting vagueness of the precautionary principle undermines the concept. To avoid these ...


    By Inderscience Publishers

  • Engineering Eestimates for Environmental Liabilities using Crystal Ball

    ABSTRACTEnvironmental liabilities typically have been difficult to quantify due to the inherent uncertainty surrounding these projections. The promulgation of the Sarbanes-Oxley Act, along with studies by the Government Accountability Office, has pushed full disclosure of environmental liabilities to the forefront of corporate policy. Currently, prior to the adoption of ASTM standards by the ...


    By Oracle Crystal Ball GBU

  • Integrating EMS and P2 to manage environmental costs and liabilities

    The necessarily similar structures of EMSs and P2 programmes make it possible to integrate the elements of a P2 program smoothly into an EMS. When this is done, P2 is raised from being a mere commitment within the EMS to being a major operational component of the EMS. Instead of looking just at the regulatory compliance status and environmental aspects of your company's operations and then at ...


    By Inderscience Publishers

  • The Environmental Liability Directive - Extending Nature Protection in Europe

    Abstract: With regard to nature protection through environmental liability, recent developments in Europe are most interesting. After the EC had already established a coherent species and habitat protection regime with the Birds Directive and the Habitats Directive in 1979/1992- which alone is remarkable because it covers areas of protection not only within national borders but throughout Europe ...


  • Environmental Health & Safety Liability Assessment Systems

    An excerpt from the book, "Information Technology Solutions for EHS Professionals," by Thomas J. Morahan, Vice President of EHS Technology at InteGreyted, International ...


  • Spanish Regulation 2090/2008 on environmental liability

    Regulation 2090/2008 that partially develops Law 26/2007 on Environmental Liability, establishes the methodological basis not only to remedy Environmental Damage caused, but also to create a Financial Guarantee to cover such damage. This regulation gives us a clearer definition of the scope of environmental liability and excludes the so-called “traditional damages” referring to human health and ...

  • Environmental Liability Management for a Large American University

    Challenge A large American university recently acquired a two-hundred acre hospital property for the purpose of future developments. One fifth of the property was impacted by chlorinated solvents and petroleum. Antea Group was appointed to assume the liability, return the land to residential use, and abate the migration of contaminants with minimal disruption to the campus or the ...


    By Antea Group - USA

  • Three Strategic Options for Managing Acquired Environmental Liabilities

    Evaluating Through a Finance Lens As companies strive to remain competitive and profitable in today’s uncertain economy, asset transactions continue to play a leading role in their efforts to transform, adapt and re-invent themselves. A well-thought out and well-executed acquisition can bask even the most gloomy of balance sheets in sunshine by bringing rapid revenue growth, added ...


    By Antea Group - USA

  • `New` Environmental Liabilities: The Purpose and Scope of the Contaminated Land Regime and the Environmental Liability Directive

    Keywords: Environental liability, administrative law, contaminated land, Environmental Protection Act 1990, Environmental Liability Directive Abstract: Environmental liability as a part of administrative law is increasingly significant and controversial, and the proliferation of schemes creates difficult legal problems. This article examines in some detail the ...


  • Article: Liability for damage to public natural resources under the 2004 EC Environmental Liability Directive: Standing and assessment of damages

    This article focuses on the April 2004 EC Directive on Environmental Liability (Directive 2004/35/CE). It examines its measure of damages, its framework for assessing damages and its provisions regarding the issue of standing. Comparisons will regularly be made with the United States Oil Pollution Act of 1990, its natural resource damage regulations and its provisions on locus standi. Finally, a ...


  • DEFECTS IN THE ENVIRONMENTAL LIABILITY DIRECTIVE: NARROW JURISDICTIONAL PREDICATES COMPLICATE FUTURE ENFORCEMENT

    After much deliberation, the European Union enacted a directive on Environmental Liability, 2004/35/EC. The April 30, 2007 date for national transposition and the effectiveness of the law has passed. Its requirements are now in force, but how effective will they be? One key element of the Directive is the requirement that operators notify authorities when their actions cause (Article 6) or ...


  • Legal tools of environmental liability in Greece: application in the broader region of Asopos

    This paper seeks to examine the legal tools of environmental liability in the Greek legal order which are: 1) the subjective civil liability of the Greek Civil Code; 2) the objective civil liability of Law 1650/1986; 3) the penal liability of Law 1650/1986; 4) the implementation of the Environmental Liability Directive (ELD) in Greece. The aim is to determine their effectiveness and to analyse ...


    By Inderscience Publishers

  • Factors Influencing Firm`s Disclosure About Environmental Liabilities

    RESULTS: Large firms disclose more than small firms. Increased SEC oversight of disclosures related to environmental liabilities from 1990-1993 is associated with increased disclosure by firms. Size of liability does not correlate with increased regulatory pressure to disclose more. Disclosure decreases with the number of PRPs on the site and increases when a firm is the only PRP on its sites. ...


  • Foreign investor liability for environmental damage: does the form of capital matter?

    Foreign investors may finance and benefit from environmentally damaging activities, but then escape liability because victims of such harm are unable to obtain remedial relief from their domestic judicial system. A debated response to this problem is the idea that foreign investors be held liable by their home governments for the negative environmental impacts of their foreign investments. This ...


    By Inderscience Publishers

  • Disclosure of Private Information and Reduction of Uncertainty: Environmental Liabilities in the Chemical Industry

    HYPOTHESIS: H1a: Site uncertainty is associated with more a negative relation between the existence of contingent Superfund liabilities and firm value.H1b: Allocation uncertainty is associated with a more negative relation between the existence of contingent Superfund liabilities and firm value.  The greater the uncertainty surrounding the ultimate claim the firm faces for a particular Superfund ...


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