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Avoiding Environmental Liability
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Book Synopsis Civil Liability for Environmental Damage by : Mark Wilde
Download or read book Civil Liability for Environmental Damage written by Mark Wilde and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: By adopting a theoretical and comparative approach, this text asks whether, through increased protection of private interests, tort has the ability to provide a useful additional means of environmental protection to regulatory controls.
Book Synopsis Environmental Loss and Damage in a Comparative Law Perspective by : Barbara Pozzo
Download or read book Environmental Loss and Damage in a Comparative Law Perspective written by Barbara Pozzo and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book analyzes the regulation of environmental loss and damage. It does so from a comparative and interdisciplinary perspective, examining both public and private law aspects. It delves into conceptual and specific legal issues concerning liability, compensation and restoration of damage in different sectors and jurisdictions, as well as taking into account the contributions of economic analysis in this field of regulation. Specific attention has been devoted to the role that liability and insurance may play in terms of mitigation and adaptation to climate change, as well as the prevention of damage from natural hazards. The scope of analysis encompasses national as well as supranational and international regimes. In particular, there are two interrelated and very promising developments in the evolving understandings in this field that merit special focus: possible legal transplants and "cross-fertilization" between legal systems, on the one hand; and the current dialectic between global and local law in the environmental field, on the other."-- Page 4 de la couverture.
Book Synopsis The EU Environmental Liability Directive by : Lucas Bergkamp
Download or read book The EU Environmental Liability Directive written by Lucas Bergkamp and published by OUP Oxford. This book was released on 2013-03-14 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: Similar to the United States (US) Natural Resource Damage (NRD) program, defined under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or "Superfund") and the Oil Pollution Act (OPA), the European Union's (EU) Environmental Liability Directive (ELD)imposes liability for, and requires remediation of, significant damage to natural habitats and species protected at Community and national levels, surface and ground waters covered by the Water Framework Directive, and land.The ELD was first published in 2004 and has since been transposed into the national laws of all EU Member States. However there is little guidance available to authorities and industry in interpreting and applying the ELD and meeting its prevention and restoration objectives. This volume is the first to describe the EU's ELD and to examine the emerging issues and practices in its application. While there are differences between the US and EU regimes, some of the underlying concepts, approaches and definitions embedded in NRD are also mirrored in the text of the ELD. The book includes a comparison of similarities and differences as well as synergies in practice; hence, this book will be of interest to both US and European readers. The ELD imposes liability for significant damage to natural habitats and species protected at Community and national levels, surface and ground waters covered by the Water Framework Directive, and land. Prior to the ELD's adoption many Member States had programs in place for the restoration of soil and groundwater contamination, but none had a regime for addressing harm to unowned natural resources. This volume presents a comprehensive legal commentary on the legal issues arising under the ELD, as well as an overview of administrative, technical, and legal issues and practices in applying the ELD regimes to cases of actual or threatened environmental damage. In doing so, it discusses both substantive issues and important procedural and process-related issues. Several case studies are presented to illustrate the issues and practical solutions. In addition, emerging best practices relating to practical ELD application are identified and presented. Identifying and discussing a wide range of emerging administrative, technical, and economic practice issues arising under member state legislation transposing and implementing the ELD, this book will be a valuable resource for all those whose work is affected by the ELD.
Book Synopsis Transboundary Environmental Interference and the Origin of State Liability by : R. Lefeber
Download or read book Transboundary Environmental Interference and the Origin of State Liability written by R. Lefeber and published by Martinus Nijhoff Publishers. This book was released on 1996-06-03 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: On-going deterioration of the state of the environment and the continuous risk of an environmental disaster has forced society to reconsider its environmental and developmental objectives. For economic and environmental reasons, the costs of prevention and reparation of environmental harm should be channelled to the polluter. However, such channelling may run counter to legal principles. This work scrutinizes this field of tension between economic and legal principles at state level. It provides a unique analysis of traditional thinking on state liability for transboundary harm and the theories which have challenged it since the proliferation of hazardous activities in the 1960s. The author favours a return to traditional thinking, but has an eye for the theories that challenged it with the aim of safeguarding the compensation of victims of transboundary harm.
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 524 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 The Law and Economics of the Environment by : Anthony Heyes
Download or read book The Law and Economics of the Environment written by Anthony Heyes and published by Edward Elgar Publishing. This book was released on 2001-01-01 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: . . . their collection together here represents a valuable addition to the library of those who are concerned with studying, teaching analysing, practicing, or making, environmental law as well as students and practitioners of environmental economics. David Hadley, The Economic Journal The exploration of the basic economics of externalities and the basic common law doctrines and institutions for dealing with externalities constitute a "first generation" of economic analysis of environmental law. The present book of essays illustrates the "second generation" of economic analysis of environmental law. The fundamental economic issues, and the common law, are no longer the focus. The lessons of the "first generation" have been absorbed and transcended. The focus has shifted to the level of application, which is the level at which the economist and the lawyer-economist can best hope to influence policy. We are making progress and the essays in this volume will do much to assure that progress continues. From the foreword by Richard A. Posner, United States Court of Appeals for the Seventh Circuit and University of Chicago Law School, US One of the most exciting and productive areas of research in environmental policy is resulting from the integration of the traditionally separate fields of environmental economics and law and economics. This book brings together the top researchers engaged in this enterprise to share the useful insights that are emerging. Both in terms of the scope of coverage and the depth of analysis this is an absolutely first-rate book. Tom Tietenberg, Colby College, Maine, US This outstanding book focuses on how economics can contribute to the design, implementation and appraisal of legal systems that create the right incentives for environmental protection. The sixteen original and specially commissioned contributions written by some of the leading names in their field span many of the important areas of contemporary interest and employ case study material combined with theoretical, empirical and experimental research. The book addresses many topical issues including: the fundamental notions of property rights and social norms; the design and implementation of civil liability regimes; the use of criminal law as an instrument of environmental policy; the role that citizen suits, self-monitoring and self-enforcement could and should play in the implementation of law; the international harmonisation of environmental law; and the treatment of environmental damages in courts. Cutting-edge economic technique is motivated by, and articulates with, real and pressing policy debates. The contributors refer to a range of legal cases and policy decisions, and draw out a host of policy implications and prescriptions for settings as diverse as Superfund reform in the US and the harmonisation of landfill regulations in the European Union. By combining incisive overviews of the latest thinking and results, complemented by original analysis, The Law and Economics of the Environment will appeal to researchers and students of the environment, law and economics, policy practitioners and those with an interest in knowing what constitutes good environmental law.
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 Environmental Law and Economics by : Michael G. Faure
Download or read book Environmental Law and Economics written by Michael G. Faure and published by Cambridge University Press. This book was released on 2019-10-10 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: A detailed overview of the law-and-economics methodology developed and employed by environmental lawyers and policymakers.
Book Synopsis The Law of Environmental Damage by : Larsson
Download or read book The Law of Environmental Damage written by Larsson and published by Martinus Nijhoff Publishers. This book was released on 2023-09-20 with total page 683 pages. Available in PDF, EPUB and Kindle. Book excerpt: From its starting point within international law, throughout its progression from regional to national law, The Law of Environmental Damage combines the disciplines of environmental law, liability law and insurance in its analysis of the development of reparative environmental law. In the model adopted, three generations of reparative schemes are identified, based on civil liability or administrative liability or self-taken measures from the area of insurance. The analysis applied is based on factors of standard and designation of liability, as well as the definition and assessment of environmental damage. Issues such as environmental lender liability and damage to public natural resources are highlighted. The results of the study are evaluated within the framework of a theory of environmental efficiency; among other factors, the reparative effect of liability rules is discussed.
Book Synopsis A Lender's Guide to Environmental Liability Management by : Thomas M. Missimer
Download or read book A Lender's Guide to Environmental Liability Management written by Thomas M. Missimer and published by CRC Press. This book was released on 1996-06-19 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: Learn how to handle the uncertainty associated with environmental liability in A Lender's Guide to Environmental Liability Management. This concise, nontechnical handbook provides detailed information on how these ever-present liabilities can be managed effectively. It gives you the facts you need to explore lending opportunities in new areas while ensuring that your institution operates without unnecessary exposure to financial loss. This much-needed guide provides down-to-earth explanations of the liabilities arising from environmental problems, the science behind these liabilities, and the methods that lenders should implement to minimize financial risk - all without a single mathematical or scientific equation. The guide, divided into six main sections, is filled with must-have information focusing on o environmental law and the lender o the science of soil and groundwater contamination o recommendations for lending institutions' environmental policies o methods for management of contamination liability o techniques for management of contaminated sites o and the lender's role in trusts and financial management. Become environmentally literate and improve your financial decision-making outcomes with A Lender's Guide to Environmental Liability Management. This extremely useful and practical book will save you worry, time, and money.
Book Synopsis Preventing Environmental Damage from Products by : Eléonore Maitre
Download or read book Preventing Environmental Damage from Products written by Eléonore Maitre and published by Cambridge University Press. This book was released on 2018-04-19 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the emerging and complex field of environmental product law and brings in new perspectives for research.
Book Synopsis Climate Engineering and the Law by : Michael B. Gerrard
Download or read book Climate Engineering and the Law written by Michael B. Gerrard and published by Cambridge University Press. This book was released on 2018-04-12 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first book to focus on the legal aspects of climate engineering, making recommendations for future laws and governance.
Book Synopsis Guide on evaluating environmental liability for property transfers by :
Download or read book Guide on evaluating environmental liability for property transfers written by and published by DIANE Publishing. This book was released on with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Unilateral Acts of States in Public International Law by : Przemyslaw Saganek
Download or read book Unilateral Acts of States in Public International Law written by Przemyslaw Saganek and published by BRILL. This book was released on 2015-11-09 with total page 670 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Unilateral Acts of States in Public International Law Przemysław Saganek discusses one of the most important sources of States’ obligations in international law. He analyzes in a critical way the classical catalogue of unilateral acts comprising: promise, waiver, recognition and protest. He convincingly proves that this list is misleading as it oversees several important acts of States. On the other hand, several classical acts do not necessarily give rise to legal effects or are not necessarily unilateral. The author undertakes a thorough analysis of several types of acts, showing their similarities and dissimilarities. He concludes that the group category of ‘unilateral acts’ covers such diverse elements that they could be hardly codified in a single set of rules.
Book Synopsis Preventing Disease Through Healthy Environments by : Annette Prüss-Üstün
Download or read book Preventing Disease Through Healthy Environments written by Annette Prüss-Üstün and published by World Health Organization. This book was released on 2016 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The main message emerging from this new comprehensive global assessment is that premature death and disease can be prevented through healthier environments--and to a significant degree. Analysing the latest data on the environment-disease nexus and the devastating impact of environmental hazards and risks on global health, backed up by expert opinion, this report covers more than 130 diseases and injuries. The analysis shows that 23% of global deaths (and 26% of deaths among children under five) are due to modifiable environmental factors--and therefore can be prevented. Stroke, ischaemic heart disease, diarrhoea and cancers head the list. People in low-income countries bear the greatest disease burden, with the exception of noncommunicable diseases. The report's unequivocal evidence should add impetus to coordinating global efforts to promote healthy environments--often through well-established, cost-effective interventions. This analysis will inform those who want to better understand the transformational spirit of the Sustainable Development Goals agreed by Heads of State in September 2015. The results of the analysis underscore the pressing importance of stronger intersectoral action to create healthier environments that will contribute to sustainably improving the lives of millions around the world."--Page 4 of cover.
Book Synopsis Fourth Dimension in Building by : National Research Council
Download or read book Fourth Dimension in Building written by National Research Council and published by National Academies Press. This book was released on 1993-02-01 with total page 117 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public facilities are valuable assets that can provide decades of high quality of service if they are effectively utilized. Despite effective planning, design, and management, sometimes users or owners change and have requirements different from those that the facility was initially intended to fulfill. In addition, the technologies sometimes change, making facilities obsolete before they have worn out or otherwise failed. This book explores the meaning of obsolescence as the term applies to buildings. It discusses the functional, economic, technological, social, legal, political, and cultural factors that can influence when obsolescence will occur and considers what design professional and building owners and users can do to delay and minimize the costs of obsolescence. The analyses apply to all buildings, but public facilities are given added attention because of their special management problems.
Book Synopsis Environmental Damage and Liability Problems in a Multilevel Context by : Sandra Cassotta
Download or read book Environmental Damage and Liability Problems in a Multilevel Context written by Sandra Cassotta and published by Kluwer Law International B.V.. This book was released on 2012-03-23 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a growing interest at different decision-making levels (EU, international and national) in using liability as an element in solving the legal problems of environmental harm. The interest is founded on the necessity to take into account of complex inter-dependencies and interrelationships between the environmental media at global, regional and national levels. In an effort to implement the aims of sustainable development, new views of the traditional liability instrument have to be applied. The book focuses on the Environmental Liability Directive 2004/35/EC (the so-called “ELD”) on the prevention and remedying of environmental damage, and evaluates as to whether the ELD has achieved its goals and maintained its ambitions in terms of environmental protection, and what the optimal level of harmonization in terms of environmental protection is. In order to address the question of research of this book, an interdisciplinary framework of analysis and methodology combining political science and law are developed. Since environmental damage is a multidimensional and multidisciplinary problem, par excellence, a multidisciplinary approach is required. Consequently, the use of a multidisciplinary method, combining together in a systematic and rigorous fashion, law, political science, technical elements of economy, insurance law and natural science, is, in the research design of this study, necessary, in a view of tackling the topic in a scientific problem solving-oriented approach. The book draws the overall conclusions by suggesting proposals for amendments and recommendations to be utilized for possible redrafting of the ELD’s provisions for the time when the ELD will be object of a procedure of revision. This book will be of interest to practitioners in EU law and EU Environmental law, international environmental law, legal experts on the law of environmental liability, specialists within international organizations but also by political scientists, economists, insurance law specialists, and natural scientists.
