environmental liability Articles
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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 ...
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Integrated Environmental Risk Financing for Successful Brownfields Redevelopment
Untitled Document Environmental engineers and others involved with brownfields redevelopment have increasingly come to appreciate the role of the new environmental insurance products in financing environmental liability risk. Most have probably heard of cleanup cost cap insurance that can transfer the risk of cost overruns to the insurance company and pollution ...
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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 ...
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Environmental damage: what to quantify, prevent and insure
The Environmental Responsibility of the various economic agents operating in Spain has already been required for the last two years with the passing of Law 26/2007 of 26 October on Environmental Responsibility. Also, its partial development, as defined by Regulation 2090/2008 of 22 December, has helped to better know the environmental damages repair projects contents. Over the next year, one of ...
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Terrorism and the ultimate corporate environmental strategy
This article points to the signs of a shift from the model of an over-dependence on central power plants to a distributed renewable energy system, and discusses the major growth opportunities for businesses developing new technologies. Our electricity grid, with its emphasis on large polluting and centralized power plants that inefficiently send power long distances over transmission lines, is ...
By AHC Group
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Breaking Stakeholder Gridlock case study
Challenge: Antea Group assisted multiple property stakeholders with the development of a liability transfer program to facilitate the remediation and closure of a PCB, chlorinated VOC and TPH contaminated former oil recycling depot site in New Jersey. Prior to Antea Group involvement, the property stakeholders had been in negotiation deadlock regarding the site for 18 years. With the ...
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The internalisation of environmental costs: implementing the Polluter Pays principle in the European Union
This paper frames the problem of implementing 'the polluter pays' in the European Union as a social-political process in which conflicts emerge and must be resolved between competing interests, between people holding different value systems and different principles of judgement, and also between different representations of future states and different visions of the world. 'The polluter pays' is ...
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Transfer Your Environmental Risks to a Third Party
Remediation of contaminated sites often is costly and time-consuming, diverting scarce corporate resources from a company’s core operations. Moreover, the Sarbanes-Oxley Act and recent Securities and Exchange Commission and the Financial Accounting Standards Board rules and standards governing accounting for and reporting of environmental liabilities (e.g., FIN 47 Accounting for Conditional Asset ...
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Proposal Guidelines for Brownfields Assessment, Revolving Loan Fund, and Cleanup Grants
What Are Brownfields? These guidelines are provided pursuant to Catalog of Federal Domestic Assistance # 66.818. The Small Business Liability Relief and Brownfields Revitalization Act (“Brownfields Law” or “the Law”, P.L. 107-118) requires the U.S. Environmental Protection Agency (EPA) to publish guidance to assist applicants in preparing proposals for grants to address brownfield sites. This ...
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Legends Explains Environmental Consultants’ Insurance Needs
Environmental consultants protect people and the environment from possible harm due to a variety of situations and contaminants. The nature of their work makes it essential that they are protected by an insurance policy that covers their needs. These needs can be diverse, depending upon their services and clientele, so it’s important that they understand the various types of insurance ...
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Insurance regarding radical uncertainty: approaches in France and in Germany for sewage sludge land spreading
Up to now, economic literature regarding the product safety has studied foreseeable risks that are known by producers. However, the literature has not analysed which liability rule and insurance schemes are efficient for radical uncertainty. This paper addresses this topic through insurance schemes in France and Germany for sewage sludge spreading. Section 1 gives an overview of economic ...
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Driving sustainable investment decision making
We help investors understand the economic consequences of natural capital dependency in order to identify risk and opportunity from growing natural resource pressures and increasing environmental regulation Natural capital liabilities such as carbon, water, resource dependency, pollutants and waste are threatening the ability of our natural ecosystems to deliver economic growth. The impact is ...
By Trucost Plc
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Environmental Insurance for Lenders: What is It, and Can It Substitute for Due Diligence?
This article addresses two aspects of the new environmental insurance policies for lenders (usually referred to as Secured Creditor, or SC, policies): that of the sometimes significant differences among the policies now on the market, and the controversial due diligence issue - whether the policies can be a 'substitute' for environmental due diligence or a Phase I. The four major environmental ...
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Confronting climate change: The necessity for social solidarity
Each and every one of us is a guest on Planet Earth; this is where we live, being all members of an ecologically interdependent society. We often though tend to forget that we are only simple guests. Our interaction with the planet forms a strong bondage amongst us. This includes all societies and all planets’ environments, since an environmental issue may have transboundary, regional or even ...
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Environmental Insurance: Tailored to Fit
More sophisticated insurance tools are making it earier to protect your property Contaminated properties represent a huge investment opportunity, but much of it lies untapped because of environmental liability concerns. Anyone who buys property that is actually or potentially contaminated should consider it as a risk management option, and they should do so very early in the brownfield ...
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Integrated Environmental Risk Management in Real Estate Transactions
Traditional risk management posits a rational, five-step process for managing risks. The outstanding differences between this traditional process and the environmental risk management process lie in the technicality and complexity of step one (identifying and analyzing environmental risk) and of the first part of step two (examining the feasibility of alternative risk management, specifically ...
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Lost science: effects on environmental risk policy, litigation and due diligence
When the work of recognised technical experts and the scientific method are abandoned, overlooked, subverted, limited, overruled or otherwise diminished in the development of scientific documents, findings and recommendations, a situation termed 'Lost Science' occurs. Lacking critical information, report findings do not reflect scientific knowledge or realities. This results in skewed ...
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In the Heat of Innovation: Tyre Pyrolysis Technologies
In the ever-evolving landscape of sustainable waste management, tyre pyrolysis technologies have emerged as a beacon of innovation. This post delves into the transformative world of tyre pyrolysis, exploring the technologies that harness heat to convert discarded tires into valuable resources. As we stand at the crossroads of environmental conservation and technological advancement, waste tyre ...
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The Availability of EIL Insurance During the 80’s and Early 90’s
Introduction In Owens-Illinois, Inc. v. United Ins. Co., the New Jersey Supreme Court held that, in allocating insurance coverage for indivisible losses that trigger multiple coverage periods, the policyholder must share pro rata responsibility1 for self-insured, under-insured, and uninsured periods. When the policyholder has decided to forego insurance, as opposed to periods in which insurance ...
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Environmental Insurance: Finding a Good Tailor
An article by this author in the December 1999 issue of Brownfield News analyzed two new environmental insurance products, the cleanup cost cap and pollution liability policies, which have proven to be key factors in the success of some contaminated property transactions. The article explained that, to achieve this success, environmental insurance experts need to tailor the policy to the ...
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