environmental liability Articles

  • 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

  • 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 ...

  • 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 ...

  • 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

  • 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

  • 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

  • Enforcement of Superfund Liabilities Expands Beyond Environmental Avenues

    A recent Superfund-related case in New Jersey highlights how US authorities, both Federal and State, will not take kindly to companies that seek to circumvent their environmental responsibilities. ...

  • 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

  • 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

  • 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

  • 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

  • The European environmental liability directive and comparisons with U.S. natural resource damage assessment regulations

    In recent months, there has been increasing awareness and interest on the part of corporate organizations as to how to prepare for the enactment of the European Union (EU) Environmental Liability Directive (ELD)1 into national laws of the EU Member States (Member States are those sovereign countries of Europe that have acceded to the EU since 1951). Transpositions of the ELD into national laws ...

  • Ministers Reach Deal on EU Liability Plan

    European environment ministers meeting in Luxembourg today agreed in principle on an EU financial liability regime for environmental damage caused by companies. Preliminary details of the compromise emerged late in the afternoon. The settlement provides comfort to both industry lobbyists and environmental campaigners. Ministers have said that liability insurance should be voluntary pending a ...

  • Book Review: Frontiers in the Economics of Environmental Regulation and Liability by Marcel Boyer, Yolande Hiriart and David Martimort

    Frontiers in the Economics of Environmental Regulation and Liability, by Marcel Boyer, Yolande Hiriart and David Martimort. Hampshire, UK, Ashgate Publishing, 2006. ISBN: 0-7546-4208-9Keywords: book ...


    By Inderscience Publishers

  • Liability Can Take Its Toll on Manufacturers

    Toll manufacturing is an important component of the domestic manufacturing sector, but the parties involved are not always aware of who bears the burden of liability when things go awry. Federal case law makes it clear that the toll manufacturer is not solely responsible for contamination in all cases; the company contracting with the toll manufacturer also may be liable. Therefore, it is crucial ...


    By Bergeson & Campbell, P.C.

  • Environmental Capital

    The current economic conditions have left a number of sectors of the economy with the level of pain currently being suffered by the property industry. Suddenly, even some of the leading property companies are being spoken of as needing to divest assets and at worst, as being takeover targets as liquid investors continue to see the longer term value contained in their portfolios and land banks. ...


    By WSP | Parsons Brinckerhoff

  • Director and Officer Liability in Ontario – Very Serious Business

    Last week I blogged about board responsibility and the need for management systems and tools to achieve compliance throughout the organization. This morning I had the chance to attend a conference, “ ...


    By GLOBE SERIES

  • Site Closure Strategies: Reducing Remediation Liabilities & Costs

    Industrial companies face the daunting task of managing investigations and clean-ups at thousands of contaminated properties. In staying abreast of new technology and ever-evolving regulatory programs, companies must address many challenges involving regulations, technologies, and expenses. To successfully manage the costs and risks for each project, it is important to: 1) Focus on the ultimate ...


    By AECOM

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