The Law of Environmental Damage: Liability and ReparationFrom its starting point within international law, throughout its progression from regional 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 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. |
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Page 463
CERCLA states that recovery in such a case shall be pursuant to existing law in lieu of CERCLA , and that the liability of an owner or operator of a hazardous waste disposal facility in compliance with the permit shall be transferred to ...
CERCLA states that recovery in such a case shall be pursuant to existing law in lieu of CERCLA , and that the liability of an owner or operator of a hazardous waste disposal facility in compliance with the permit shall be transferred to ...
Page 464
336 . parties not themselves liable under CERCLA , e.g. the government , may bring cost recovery actions under S 107 ( a ) .335 In practice , the ultimate result may be the same since a defendant in a S 107 ( a ) action may bring a ...
336 . parties not themselves liable under CERCLA , e.g. the government , may bring cost recovery actions under S 107 ( a ) .335 In practice , the ultimate result may be the same since a defendant in a S 107 ( a ) action may bring a ...
Page 516
CERCLA further requires two types of assessment rule , one concerning minor damage ( Type A rules ) and the other to be applied in case of severe damage ( Type B ) . In accordance with CERCLA , the rules are to include factors for ...
CERCLA further requires two types of assessment rule , one concerning minor damage ( Type A rules ) and the other to be applied in case of severe damage ( Type B ) . In accordance with CERCLA , the rules are to include factors for ...
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Contents
INTRODUCTION | 21 |
HISTORY EVOLUTION AND EMERGENCE | 39 |
RESTITUTION OF ENVIRONMENTAL DAMAGE | 115 |
Copyright | |
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Common terms and phrases
accepted according action activity actual addressed adopted Annex applied approach Article assessment authority Bill caused CERCLA civil liability claim common compensation concept concerning considered contamination Convention costs court damage dangerous defined definition Directive discussion disturbance duty economic effects environment environmental environmental damage environmental law established European example final further global harm hazardous held hereinafter human implementation important incident included individual injury interests IOPC Fund issue land limited loss marine means measures ment method million natural resources noted obligation operator owner particular party pays person pollution possible prevent principle proposed protection reasonable reference regarded regulation remedy Report requirements responsibility restoration result risk rule scheme sources standard strict substances suggested supra taken term tion tort tort law waste