pollution 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

  • London 2012: Legacy or Liability?

    After spending hundreds of millions of tax payers’ money on a high profile ‘clean-up’, it has become clear that the 2012 Olympic Park actually remains classified as a contaminated brownfield site. Documents show that the whole area is to have as little as 2 feet (60cm) of “clean” material placed on top of a warning marker layer of orange plastic fabric sheeting, of a type called Terram 1000, ...


    By Shift Soil Remediation LLP

  • Recent Federal Developments

    TSCA/FIFRA EPA Extends Comment Period For Draft Guidance For Pesticide Registrants On Notifications, Non-notifications, And Minor Formulation Amendments: On October 5, 2017, the U.S. Environmental Protection Agency (EPA) issued a notice of extension of the comment period for the draft guidance  ...


    By Bergeson & Campbell, P.C.

  • 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 ...

  • Who will be liable for Australia’s solution to pollution? an analysis of the scope of businesses’ liability under the carbon pollution reduction scheme

    Consistent with achieving an international agreement to reduce greenhouse gas emissions at Copenhagen in December 2009, Australia, like the United States, is currently in the throes of having its emissions trading scheme legislation processed through Parliament. The Rudd Government is on track to have its heavily-debated Carbon Pollution Reduction Scheme (CPRS) passed during Parliament’s Winter ...

  • 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

  • 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

  • Article: Some recent developments regarding liability for damage resulting from oil pollution – from the perspective of an EU Member State

    INTRODUCTION Pollution damage caused by spills from oil tankers is still, unfortunately, an important threat to the marine environment and various (economic) activities related to the coast. Because of the scale of a major pollution incident, the environment and livelihood of many thousands of people can easily be severely affected, as was most recently illustrated by the ‘Erika’ incident (1999) ...


  • 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 ...

  • 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 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

  • 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 ...


  • 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 ...


  • `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 ...


  • Turning a Liability into an Asset: A Landfill Gas-to-Energy Project Development Handbook

    Each person in the United States generates about 4.5 pounds of solid waste per day almost one ton per year. Most of this waste is deposited in municipal solid waste landfills. As this landfilled waste decomposes (a process that may take 30 years or more), it produces landfill gas. Landfill gas contributes to the formation of smog and poses an explosion hazard if uncontrolled. Furthermore, because ...


  • 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

  • Asbestos Liability: How Does a Company CEO Provide Financial Assurance?

    The Environmental Protection Agency (EPA) has been sued by the environmental groups, Sierra Club, Great Basin Resource Watch, Amigos Bravos and Idaho Conservation League, to enforce Section 108(b) of the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), i.e., companies must prove financial assurance requirements for hazardous releases. In short, prove to EPA that they ...


    By ABCOV Companies , LLC

  • 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 ...

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