Stevens & Bolton LLP's environmental liability expert Valerie Fogleman, has once again been part of a team with BIO by Deloitte, Paris, who have undertaken a major study for the European Commission on the effectiveness of the Environmental Liability Directive (ELD).
The ELD requires operators whose activities cause an imminent threat of, or actual, damage to land, water and protected species and natural habitats to prevent or remediate the damage.
The study focuses on the simplification, streamlining and harmonisation of the ELD in six key areas: the extent to which strict liability should be applied; the categorisation of environmental damage; the significance thresholds for land and water damage; the permit and state-of-the-art defences; the exclusion for marine and nuclear Conventions; and potential exclusions for other international instruments.
Based on the analysis, the study suggests options that the European Commission may wish to consider as a priority in a possible future revision of the ELD.
To read a copy of the final report, please click here.
This new report follows Valerie’s previous involvement in studies, with BIO by Deloitte (then BIO Intelligence Service), for the European Commission including a study on the implementation challenges and obstacles of the ELD, published in May 2013, and a study on creating a fund to cover environmental liability and losses occurring from industrial accidents, published in April 2013.