Spanish Regulation 2090/2008 on environmental liability

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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 property damage. However, it is important to mention the exception of the Risk Assessment applied on soils, which includes significant risks that can affect the human health. In that context, we will find the potential environmental damage to protected wild flora and fauna, surface and ground water as well as ecosystems and habitats (inland and coastal).

Likewise, the Regulation also includes the criteria to characterize environmental damage (intensity, extension, temporary scale, etc.), referring to the different degrees of severity, quantity and duration of the damages.

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