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American Environmental Liability Risks
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Book Synopsis American Environmental Liability Risks by : James O'Reilly
Download or read book American Environmental Liability Risks written by James O'Reilly and published by Springer. This book was released on 1995-01-17 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This work gives a comprehensive analysis of the environmental aspects of the decision about whether to invest capital in the industrial sites or in product exports, and where in the United States. The risk of penalties for non-compliance with the rapidly growing body of environmental laws and regulations, are ever-increasing. The aim of this volume is to inform legal practitioners and their clients on the environmental liabilities and risks, and the means of dealing with the US regulators and legislators. Where appropriate, a brief comparative analysis with European Union legislation and initiatives is also included. Separate chapters address the choices of development of a new site, acquisition of an operational business, the management of environmental obligations of a site, exporting of products into the United States, lending capital to the US site developer and writing insurance upon environmentally-related risks. The book also includes a resources section providing the legal resource materials and a glossary of terms."--Jacket.
Book Synopsis Managing Environmental Risk Through Insurance by : Paul K. Freeman
Download or read book Managing Environmental Risk Through Insurance written by Paul K. Freeman and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can insurance be used as a means to obtain compliance with environmental policy? Answering this question requires examination of a broad mosaic of academic issues, including current systems available for providing compensation and deterrence, use of contracts (including insurance) as substitutes for tort law, limitations of regulatory policy-making by government agencies, pre-conditions for creation of insurance products, and market mechanisms necessary for insurance to be purchased or sold. The purpose of Managing Environmental Risk Through Insurance is to highlight the potential role that insurance and performance standards can play in managing environmental risk. Insurance can play a significant role in dealing with one of the most problematic issues facing society today - how to compensate for environmental exposures. This book analyzes the ability of insurance to play a role in managing environmental risk. It begins by outlining the role insurance plays in society in contrast to other societal tools for addressing risk: government benefit programs and imposition of involuntary liability using the court system. By so doing, the book describes the comparative advantages of insurance. The book then analyzes the insurability of the risks. Finally, the book applies the insurability analysis to three concrete environmental examples.
Download or read book Brownfields Handbook written by and published by . This book was released on 2002 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Environmental Risk and Insurance by : Chester A. Zagaski
Download or read book Environmental Risk and Insurance written by Chester A. Zagaski and published by CRC Press. This book was released on 1991-10-22 with total page 682 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the only comprehensive text on the increasingly important subject of environmental risk and insurance. The author presents many risk and insurance issues from acid rain and global warming to toxic tort law developments and the crisis with workers' compensation insurance and pollution liability coverage. This volume is the product of nearly eight years of research, which included reviewing over 250,000 pages of laws, documents, reports, and notes, as well as countless hours of investigations, interviews, and research. Basic and advanced environmental liability and insurance principles are covered, along with suggestions for financing pollution cleanups and safety programs. A new method for restructuring and improving Superfund is presented after an in-depth discussion of pertinent legal and financial issues. The book also provides local, national, and international case histories demonstrating the kinds of difficulties encountered by businesses and citizens and the solutions they have sought. All of this information, combined with the valuable charts, appendices, specimens, contracts, sample insurance policies, model letters, and certificates, makes Environmental Risk and Insurance an unmatched reference source for businesses, institutions, and government agencies caught up in the midst of analyzing their environmental risk exposures.
Download or read book Brownfields Handbook written by and published by . This book was released on 2002 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Public Policy Aspects of Environmental Liability Insurance by : Michele Ann Foster
Download or read book Public Policy Aspects of Environmental Liability Insurance written by Michele Ann Foster and published by . This book was released on 1990 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Environmental Liability and Real Property Transactions by : Joel S. Moskowitz
Download or read book Environmental Liability and Real Property Transactions written by Joel S. Moskowitz and published by Wolters Kluwer. This book was released on 1995-01-01 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental Liability and Real Property Transactions is a must-have guide to managing risk of environment liabilities in real property transactions. It gives you excellent advice on how to conduct due diligence, hire experts, and discover tell-tale signs of environmental trouble. You'll find in-depth coverage of liability defenses, how to limit environmental exposure, and how to manage contaminated property. New sections include information on electromagnetic fields, lead and radon, liability of trustees, and a discussion of different types of insurance. The book also features numerous forms, checklists, and practice pointers.
Book Synopsis Liability and Environment by : Lucas Bergkamp
Download or read book Liability and Environment written by Lucas Bergkamp and published by BRILL. This book was released on 2021-12-06 with total page 734 pages. Available in PDF, EPUB and Kindle. Book excerpt: Liability and Environment analyzes the role of law, in particular civil liability, in controlling environmental pollution and risk. In modern environmental policy, liability has become a popular instrument. In this book, Prof. Bergkamp takes a fresh look at civil liability for environmental harm in an inter- and transnational context. Over the last decade, industry's liability exposure for environmental harm has expanded significantly. At the international, EC, and national level proposals for onerous strict environmental liability regimes are pending. The `polluter pays principle', which is an articulation of the `cost internalization' theory in the environmental area, is believed to justify such liability regimes. Applying an instrumental approach to legal instruments, Prof. Bergkamp aims to redefine the role of liability in the heavily regulated environmental area. He shows that liability for environmental harm is not justified by the polluter pays principle, is an uncertain and unreliable instrument for achieving prevention, results in an inefficient insurance scheme, and plays a dubious role in adjusting activity levels. Based on an analysis of the basic characteristics of alternative legal instruments, Prof. Bergkamp concludes that civil liability should play a more modest, limited role in an environmental law system dominated by public law. Where deterrence is not the objective, first party insurance, compensation funds, or other public law regimes should be preferred over liability rules. In addition to civil liability of private parties, Liability and Environment discusses State liability under international, EC, and national law. Under international law, breach of a primary obligation triggers a State's liability. Prof. Bergkamp argues that this rule should be applied also to liability of private parties. In the environmental area, a business' primary obligations are spelled out in detailed permit conditions, regulations, and statutes. According to Prof. Bergkamp, only if a primary obligation is breached, a private person should be liable for environmental harm. The system that Bergkamp advocates is an objective fault liability regime, in which public environmental law defines the standard of care for both government and industry. "In rebuilding our civil liability system, we should keep in mind that what is good for industry should be good for everyone (or it is not good for anyone), we should keep in mind that what is good for private parties should be good for the state (or it is not good for either). In rebuilding our civil liability system, the international law of State responsibility, which is unpolluted by risk spreading and activity level considerations, will guide us a long way." This book is aimed at advanced law students, academic scholars, and practitioners. In addition, it will be of interest to policy and legislative analysts, legislators, and government officials. Professor Bergkamp's book cannot be described as "solving" the problems of legal and regulatory control of environmental harm, whether within a nation or internationally. As suggested before, however, the very idea of a "solution" is illusory. All legal and regulatory regimes around the world are today and will remain for the future in a state of perpetually continuing development. The virtue of this fine book is that it moves the process of that development forward by a very substantial measure. from the Foreword by George L. Priest.
Book Synopsis Environmental Liability by : Patricia Thomas
Download or read book Environmental Liability written by Patricia Thomas and published by Springer. This book was released on 1991-06-26 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is little dispute that over the last ten years far greater recognition has been accorded to global responsibility for the environment, and as a consequence a wider acceptance in the developed world of the US model of strict liability in respect of environmental harm. This volume presents the widespread and informed debate on the subject undertaken by the Environmental Law Committee of the IBA's Section on Business Law. The philosophical and economic concept of sustainable development is addressed, as is the response required from financial and political institutions. The role of international agencies is examined. Regional perspectives on such liability are given (Europe, North America, Asia, Africa and Australasia) and insurance, indemnities, non-fault liability and environmental impact assessment are evaluated as means of securing responsibility. The effectiveness of enforcement -- an area of potentially far-reaching legislation across a range of jurisdictions -- is closely examined and clear developments and trends are identified. The implications of liability continue to involve corporate and banking lawyers and insurance litigators, surely placing upon the environmental lawyer an educative and pivotal place in the promotion of sustainable development and growth. The volume reproduces the edited and revised papers of the Committee's Seventh Residential Seminar, held in Montreux, June 1990, and faithfully reflects the wide range of expertise brought to bear on the subject.
Book Synopsis Environmental Liability in Commercial Property Transactions by : Alan Joel Robin
Download or read book Environmental Liability in Commercial Property Transactions written by Alan Joel Robin and published by Section of Real Property Probate & Trust Law. This book was released on 1994 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Environmental Liability Risks, Disclosures, Obligations and Origins Associated with Real Property Transactions by : Greater Bakersfield Chamber of Commerce
Download or read book Environmental Liability Risks, Disclosures, Obligations and Origins Associated with Real Property Transactions written by Greater Bakersfield Chamber of Commerce and published by . This book was released on 1991 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Economics and Liability for Environmental Problems by : Kathleen Segerson
Download or read book Economics and Liability for Environmental Problems written by Kathleen Segerson and published by Routledge. This book was released on 2018-01-12 with total page 675 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2002. This convenient reference brings together notable contributions examining all aspects of the liability for environmental accidents. Articles included in the Part I of this volume examine the role of liability as a policy instrument, and provide detailed examinations of the incentive effects created by the imposition of liability, ie. Bankruptcy, litigation costs, delegation of responsibility and insurance. Those in Part II study specific environmental issues such as hazardous waste disposal and oil spills. The International Library of Environmental Economics and Policy explores the influence of economics on the development of environmental and natural resource policy. In a series of twenty five volumes, the most significant journal essays in key areas of the contemporary environmental and resource policy are collected. This convenient reference brings together the notable contributions examining all aspects of the liability for environmental accidents.
Book Synopsis Financial Reporting of Environmental Liabilities and Risks after Sarbanes-Oxley by : C. Gregory Rogers
Download or read book Financial Reporting of Environmental Liabilities and Risks after Sarbanes-Oxley written by C. Gregory Rogers and published by John Wiley & Sons. This book was released on 2005-10-13 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: Financial Reporting of Environmental Liabilities and Risks is a complete guide to developing the underlying business systems to successfully report environmental matters in audited financial statements and reports filed with the Securities Exchange Commission (SEC). It sets forth relevant reporting and internal control standards and discusses important issues affecting reporting entities, accountants, lawyers, and environmental professionals.
Book Synopsis Managing Environmental Liabilities in Bankruptcy by :
Download or read book Managing Environmental Liabilities in Bankruptcy written by and published by Thomson West; Aspatore. This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Managing Environmental Liabilities in Bankruptcy provides an authoritative, insiders perspective on best practices for helping clients minimize their environmental liabilities during bankruptcy proceedings. Featuring partners from some of the nations leading law firms, these experts guide the reader through the process of assessing environmental risk and transferring liabilities. These top lawyers reveal their advice for navigating environmental reporting obligations, developing innovative risk transfer strategies, and understanding the conflicting goals of environmental and bankruptcy law in todays legal landscape. From assisting clients in identifying and understanding environmental risks to offering advice to companies emerging from bankruptcy, these authors give tips on how best to manage risk during all stages of the bankruptcy process. Additionally, these leaders discuss recent trends in bankruptcy strategies, including 363 asset sales and pre-packaged and pre-negotiated bankruptcy plans. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts around the keys to navigating this rapidly-changing area of law.
Author :Connecticut Bar Association. Conservation and Environmental Quality Section Publisher : ISBN 13 : Total Pages : pages Book Rating :4.:/5 (898 download)
Book Synopsis Environmental Liability by : Connecticut Bar Association. Conservation and Environmental Quality Section
Download or read book Environmental Liability written by Connecticut Bar Association. Conservation and Environmental Quality Section and published by . This book was released on 1982 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Managing Environmental Risk by : Jennifer L. Machlin
Download or read book Managing Environmental Risk written by Jennifer L. Machlin and published by C. Boardman. This book was released on 1988 with total page 1706 pages. Available in PDF, EPUB and Kindle. Book excerpt: Designed to assist any party concerned with minimizing or avoiding environmental liability, this looseleaf treatise provides the major federal satutues that impose liability for cleanup of hazardous waste and substances, and discussion of avoiding liability when purchasing property, requesting soil and/or groundwater tests before purchase, and many other topics.
Book Synopsis Liability for Environmental Damages by : Elga Bartsch
Download or read book Liability for Environmental Damages written by Elga Bartsch and published by University of Michigan Press. This book was released on 1998 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: From an economic point of view, liability for environmental damages aims at two goals. On the one hand, liability should efficiently allocate the risk imposed by the stochastic nature of environmental damages. On the other hand, ex post liability should generate ex ante incentives to take appropriate precautions against environmental risk. In reality, precautionary incentives generated by civil liability for environmental damages are often reduced by various impediments to the enforcement of legal claims. One of the key impediments is uncertain causation, especially when precautionary pollution control measures cannot be easily observed. This book analyzes the consequences of asymmetric information regarding the precautionary pollution control measures on enforcing legal claims, and, hence, on the precautionary incentives. The question is discussed against the background of the 1991 German Environmental Liability Act (Umwelthaftungsggesetz). In the first part of this book, Elga Bartsch gives an overview of selected liability systems and then derives the conditions for an optimal liability rule in a situation of uncertain causation and imperfect information within the principal-agent framework. This theoretical discussion is followed by an empirical analysis of the impact of the German Environmental Liability Act on the German chemicals industry by means of an event study. Its results indicate that the change in the legal framework did not have an adverse effect on the German chemicals industry.
