ENVIRONMENTAL LIABILITY DIRECTIVE REMEDIATION OF DAMAGE 1. The directive (Article 2(1)) defines environmental damage as:-

Size: px
Start display at page:

Download "ENVIRONMENTAL LIABILITY DIRECTIVE REMEDIATION OF DAMAGE 1. The directive (Article 2(1)) defines environmental damage as:-"

Transcription

1 Chapter Five ENVIRONMENTAL LIABILITY DIRECTIVE REMEDIATION OF DAMAGE 1 1 Introduction This article looks in some detail at the remediation requirements of the Environmental Liability Directive. 2 It compares them with similar requirements in the US and considers how they will be implemented in the UK. 3 2 Environmental Damage The directive (Article 2(1)) defines environmental damage as:- (a) damage to protected species and natural habitats, which is any damage that has significant adverse effects on reaching or maintaining the favourable conservation status of such habitats or species. The significance of such effects is to be assessed with reference to the baseline condition, taking account of the criteria set out in Annex I; 4 (b) water damage, which is any damage that significantly adversely affects the ecological, chemical and/or quantitative status and/or ecological potential, as defined in Directive 2000/60/EC (the Water Framework Directive), of the waters concerned, with the exception of adverse effects where Article 4(7) of that Directive applies; 1 Caroline Blatch, Environment Agency. This article is based on the text of a paper presented at the UK Environmental Law Association (UKELA) Summer Conference held in Manchester on 2-4 July It has also been published in Environmental Law and Management (2004) 16(5) ELM Directive 2004/35/EC of the European Parliament and of the Council on Environmental Liability with regard to the prevention and remedying of environmental damage [2004] OJ L143/56, 30 April 2004, (the directive). 3 For a broader overview and more detailed discussion of the Directive, see Krämer, L. Directive 2004/35/EC on Environmental Liability (2004) 16(1) ELM 5 4 Damage to protected species and natural habitats does not include previously identified adverse effects which result from an act by an operator which was expressly authorised by the relevant authorities in accordance with provisions implementing Article 6(3) and (4) or Article 16 of the Habitats Directive (92/43/EEC) or Article 9 of the Birds Directive (79/409/EEC) or, in the case of habitats and species not covered by Community law, in accordance with equivalent provisions or national law on nature conservation. 1

2 (c) land damage, which is any land contamination that creates a significant risk of human health being adversely affected as a result of the direct or indirect introduction, in, on or under land, of substances, preparations, organisms or micro-organisms. 3 Remediation the procedure As set out in Article 7 of the Directive, when environmental damage has been caused, and the competent authority has established which operator caused the damage and has assessed the significance of the damage, the operator must: identify, in accordance with Annex II, potential remedial measures, and submit those potential remedial measures to the competent authority for its approval. The competent authority must: decide which remedial measures shall be implemented in accordance with Annex II (with the co-operation of the relevant operator, as required), invite the persons referred to in Article 12(1) (persons who have requested action) and in any case the persons on whose land remedial measures would be carried out, to submit their observations, and take those observations into account. So how does the operator identify potential remedial measures, and how does the competent authority decide which remedial measures shall be implemented, in accordance with Annex II? 4 Remediation the standards Annex II of the Directive sets out a common framework to be followed in order to choose the most appropriate measures to ensure the remedying of environmental 2

3 damage. It is based on the US Oil Pollution Act (OPA) Regulations for carrying out natural resource damage assessment (NRDA). Before considering Annex II in more detail, it is appropriate to take a brief look at the legal basis and main features of the US system. 4.1 Influence of the US Oil Pollution Act In the US the two pivotal environmental damages statutes are the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, more commonly known as Superfund) and the Oil Pollution Act 1990 (OPA). CERCLA provides for restoration of natural resources and/or services associated with releases of hazardous substances, while OPA covers similar impacts resulting from discharges of oil. There is a dedicated body of officials, designated by the President and State governors, who serve as trustees to protect, manage and restore public trust resources on behalf of the public. Under CERCLA, a trust fund was set up, established by a tax on industry, which can be used to provide for clean up but not for restoration where no responsible party can be identified. Under both CERCLA and OPA there are separate NRDA regulations. The NRDA regulations under the OPA were developed by the Department of Commerce s National Oceanic and Atmospheric Administration (NOAA). Although the CERCLA and OPA regulations have several differences, in practice CERCLA assessments are now frequently carried out under the approach that has been developed in the OPA regulations. Natural resource damage claims are based on the restoration of public resources and have three basic components. The measure of damages is: 1) the cost of restoring, rehabilitating, replacing, or acquiring the equivalent of the damaged natural resources primary restoration; and 2) the diminution in value of the natural resources pending recovery of the resource to baseline (interim lost value) compensatory restoration; and 3) the reasonable cost of assessing those damages. 4.2 How does Annex II compare to the US system? 3

4 As already mentioned, Annex II of the Directive is based on the US OPA Regulations. These take a very comprehensive approach to environmental restoration and have formed the basis of many successful environmental restoration projects. In many ways this was therefore a good example for the Commission to follow. However, when you compare the length of the OPA Regulations with the length of Annex II, the difference is quite striking. Annex II pulls out key principles from the OPA Regulations sometimes it even reproduces extracts from these verbatim but it does so in a highly condensed form. The US document, which extends to about 20 pages, and provides a detailed and coherent picture of the purpose and procedures for undertaking NRDA, is collapsed in the Directive into less than three pages. Clearly there will be a need for guidance, either at the national or European level, before the Annex II remediation framework can be applied properly and consistently in practice. In Annex II there is a significant difference, in terms of remediation standards, between water damage or damage to protected species or natural habitats on the one hand and land damage on the other. For land damage it requires only the removal of any significant risk of the land adversely affecting human health. This difference does not appear in the US system, where all three types of natural resources are treated in the same way. 4.3 Damage to water or protected species or natural habitats Annex II, section 1 states that Remedying of environmental damage, in relation to water or protected species or natural habitats, is achieved through the restoration of the environment to its baseline condition by way of primary, complementary and compensatory remediation. Primary remediation Section 1(a) defines primary remediation as any remedial measure which returns the damaged natural resources and/or impaired services to, or towards, baseline condition. Its purpose is to restore the damaged natural resources and/or services to, or towards, baseline condition (section 1.1.1). The terms natural resource, services and baseline condition are defined in Article 2:- 4

5 Natural resource means protected species and natural habitats, water and land Services and natural resources services mean the functions performed by a natural resource for the benefit of another natural resource or the public Baseline condition means: the condition at the time of the damage of the natural resources and services that would have existed had the environmental damage not occurred, estimated on the basis of the best information available. What if you do not know, even using the best information available, what the baseline condition was prior to the damage? The definition of damage to protected species and natural habitats is particularly wide, in that it extends beyond protected sites. Whilst the competent authorities, particularly English Nature, will hold information about the favourable conservation status of certain species and habitats, they may hold no (or insufficient) information about the favourable conservation status of others, particularly outside protected sites. Clearly this is an issue that has to be addressed, drawing on the information and expertise of all the relevant bodies. It is interesting to note that in the US OPA Regulations on undertaking damage restoration, a pre-assessment screen is required before the restoration planning stage when it must be determined that data sufficient to pursue an assessment are readily available or likely to be obtained at reasonable cost. If this condition is not met then restoration planning does not proceed. Assuming that you have identified what the baseline condition was prior to the damage, the next question is: What if you cannot identify any measures that would return the site to baseline condition? The answer is provided in section 1 of Annex II: Where primary remediation does not result in the restoration of the environment to its baseline condition, then complementary remediation will be undertaken. Complementary remediation Section 1(b) defines complementary remediation as:- 5

6 any remedial measure taken in relation to natural resources and/or services to compensate for the fact that primary remediation does not result in fully restoring the damaged natural resources and/or services. This is not a term that features in the US OPA Regulations, but it was introduced into the Directive as a separate category of remedial action, to deal with situations where primary remedial actions do not return the site back to its baseline condition. For example, if a pollution incident drove species from a woodland and it was impossible to ever re-establish them again, then the woodland would never recover fully its original environmental quality level. This loss would have to be compensated for by complementary remedial actions actions that provide a similar level of natural resources and/or services, including, as appropriate, at an alternative site, as would have been provided if the damaged site had been returned to its baseline condition (section 1.1.2). Another example would be where the cost of returning the site back to its baseline condition is excessive and equivalent environmental benefits could be obtained elsewhere at lower cost. 5 It is not clear, on the face of Annex II, what flexibility the operator may have to select complementary rather than primary remedial actions. We will come back to this issue when we look at how to choose between remedial options. Compensatory remediation Section 1(c) defines compensatory remediation as any action taken to compensate for interim losses of natural resources and/or services that occur from the date of damage occurring until primary remediation has achieved its full effect. Its purpose is: to compensate for the interim loss of natural resources and services pending recovery. This compensation consists of additional improvements to protected natural habitats and species or water at either the damaged site or at an alternative site. It does not consist of financial compensation to members of the public (section 1.1.3). 5 European Commission Non-Paper on Annex II of the Proposal for a Directive on Environmental Liability 6

7 Interim losses means: losses which result from the fact that the damaged natural resources and/or services are not able to perform their ecological functions or provide services to other natural resources or to the public until the primary or complementary measures have taken effect. It does not consist of financial compensation to members of the public (section 1(d)). It should be noted that compensatory remediation always has to be carried out whereas complementary remediation only has to be carried out where primary remediation does not result in a return to baseline condition. These provisions are central to the achievement of the Directive s aims, and they are indeed very worthwhile aims. According to these rules, polluters will be required to pay not only to return the environment to its former condition but also to compensate the environment and the public for the loss of environmental services whilst it is being returned to that condition. However, the provisions hinge upon some completely new and complex concepts, such as interim loss and compensatory remediation, and the interpretation and application of these concepts will require a particular kind of knowledge and expertise. Clearly there is a need for comprehensive guidance to operators and competent authorities, to enable them to interpret and apply these provisions consistently, as well as relevant expertise to assist in identifying potential remedial measures and in selecting the most appropriate ones. Lessons may be learned from the US, where there is not only a comprehensive body of guidance and case studies to support the decision-making processes but also a body of natural resource trustees who are dedicated to carrying out this work. 5 Identification of remedial measures We have now looked at the three types of remediation that have to be carried out: primary, complementary and compensatory. But how is the operator supposed to identify potential remedial measures to submit to the competent authority for approval? Before looking at how Annex II, section 1.2 attempts to answer this difficult question, let us reflect for a moment on one of the more difficult questions 7

8 that underlies it, and how the US have approached this question when devising their own system of environmental liability. The question is: How do you select the most appropriate valuation methodology? 5.1 Valuation methodologies economic valuation vs restoration cost Assessing natural resource damage in order to determine what level of compensation should be demanded of a liable party is not straightforward because the injured resource cannot be valued using market prices. The services that the environment provides referred to by economists as public goods have no prices attached to them. For example, clean water in a river is a public good. It provides a range of services including amenity services (people like to walk along rivers, swim, sail and go fishing in them), ecological functions (supporting the population of animals and plants along its course) and water supply. Pollution of a river will disrupt all these services but how can these services be valued? There is no easy answer and discussions about it are often contentious (particularly given the implications of different methods for the scale of damages under a liability regime). Two main approaches have been developed in the US, one using economic valuation techniques to infer a price for an environmental service and the other using the cost of replacing an environmental service as a proxy for its value. There has been a lot of controversy in the US over economic valuation techniques, particularly stated preference techniques such as contingent valuation (CV) (asking people how much they would be willing to pay for a resource etc). It is clear from Annex II of the directive that the Commission favoured the second approach. In the US, the NOAA has done much to develop the methodological underpinnings of the restoration cost approach. The key analytical tool, which has been developed to support it, is Habitat Equivalency Analysis (HEA). This is discussed in more detail later. Turning to Annex II again, section 1.2 deals with the identification of remedial measures, starting with primary remedial measures. 5.2 Identification of primary remedial measures 8

9 Section states: Options comprised of actions to directly restore the natural resources and services towards baseline condition on an accelerated time frame, or through natural recovery, shall be considered. The main point to note is that primary remedial measures can consist of natural recovery where the natural resources and services are left to recover on their own or active remediation to achieve recovery on an accelerated time frame. But, of course, the choice that is made will have a knock-on effect on the level of compensatory remediation that is required to compensate for the interim loss of natural resources and services pending recovery the longer recovery takes the more interim loss there will be. 5.3 Identification of complementary and compensatory remedial measures Section states: When determining the scale of complementary and compensatory remedial measures, the use of resource-to-resource and service-to-service equivalence approaches shall be considered first. Under these approaches, actions that provide natural resources and/or services of the same type, quality and quantity as those damaged shall be considered first. Where this is not possible, then alternative natural resources and/or services shall be provided. For example, a reduction in quality could be offset by an increase in the quantity of remedial measures. The resource-to-resource equivalence approach basically means replacing the lost resources with resources of the same type and quality. Where resources of the same type and quality cannot be identified, then the next step is to identify the services provided by the lost resource and to see whether services of a comparable type and quality can be provided instead by an alternative resource: the service-to-service equivalence approach. How does the service-to-service approach work? 5.4 Habitat Equivalency Analysis In the US, under the OPA NRDA regulations, the NOAA has developed a method for this, known as Habitat Equivalency Analysis (HEA). This provides an analytical 9

10 framework for estimating how much restoration is needed to compensate for the interim loss. 6 HEA directly addresses the type and scale of the restoration without directly valuing the interim loss in economic terms. The first step is to identify the services provided by the lost resource. In CERCLA, Part 11 (Natural Resource Damage Assessments), services are defined as the provision of habitat, food and other needs of biological resources, recreation, other products or services used by humans, flood control, ground water recharge, waste assimilation, and other such services that may be provided by natural resources (11.71 (e)). 7 Having identified the services, trustees then perform HEA calculations to work out the amount of the restoration needed, by establishing an equivalency between the quantity of lost services and the quantity of services generated through the compensatory restoration project over time. It may be helpful to convey the key principles of HEA using a hypothetical example. HEA a hypothetical example 8 Let us imagine that in 2000 a heavy fuel oil was accidentally released from a pipeline leading to the contamination of 100 acres of marsh. This injured the functions or services of the marsh habitat which were to provide food and shelter for animals, water quality improvements for downstream resources and shoreline stabilization. In addition, the loss of marsh reduced the production of fish which provided recreational services. In this example, primary remediation would consist of actions that restore the injured resource to its baseline level, that is to the level at which the habitat would provide the same level of services that it was providing prior to the damage. Let us say that ecologists determined that this would involve transplanting appropriate vegetation to the damaged area so that in time the marsh fully recovers. 6 Under the US regulations there are only two types of remediation: primary and compensatory, not complementary. 7 The term services is defined in the Environmental Liability Directive as the functions performed by a natural resource for the benefit of another natural resource or the public. 8 This examp le is adapted from Habitat Equivalency Analysis: An Overview, Damage Assessment and Restoration Program, National Oceanic and Atmospheric Administration (NOAA) US Department of Commerce (1995, revised 2000) 10

11 However, as recovery would not be instantaneous, there would be a time lag during which the services provided by the marsh would be below their baseline level. This loss of services would constitute the interim loss resulting from the natural resource damage and separate actions would be required to compensate for this loss. How could this be done? Let us imagine that ecologists were able to identify a nearby site of marshland, which could be upgraded to improve the quality of environmental services it provided. This could therefore be the site for compensatory remedial actions. In order to determine the appropriate levels of primary restoration and compensatory actions, it is necessary to know the loss of services relative to their baseline level. At baseline, habitat services are considered to be at 100 per cent. But how can the service levels be measured? In our example, let us say that local ecological experts considered the population of a certain class of shrimp to be a key species in the marsh habitat and its presence closely linked to the level of services provided by the marsh. The ecologists therefore decided that the service levels of the damaged site and of the site identified for the compensatory actions were related to the population density of the shrimp. Studies showed that after the damage occurred, the population of shrimp fell by 50 per cent at the damaged site; at the site proposed for the compensatory project the shrimp population was only 25 per cent of the baseline level. The extent and nature of the damage is a key measure in the HEA. In our example it is equivalent to the product of the spatial extent of the injury (100 acres) and the initial reduction in service level from baseline at the injured site (50 per cent). The product of these two measures gives the effective acres of an injury, which in this example was equal to 50 effective acres. Primary remediation involved transplanting the appropriate marsh vegetation to the damaged site so that in time the marsh fully recovers. Let us say that this was undertaken in 2001 and recovery began in the next year and was expected to follow a linear growth path to reach baseline condition in eight years time. In the meantime there would be an interim loss the reduction in marsh services (expressed as effective acres) each year due to the injury. The loss reduces each year as the marsh recovers, until full recovery is reached in To calculate the level of 11

12 compensatory remediation (in this case, how many acres of marshland would have to be upgraded at the compensatory remediation project site) it would be necessary to consider a number of factors:- how long the damage will persist the relative service level of the damaged resources the relative service level of the replacement resources, and the lifetime of the replacement project. An important part of the calculation involves allowing for the time profile trees take time to grow, marsh takes time to recover but once they have grown/recovered they will often persist indefinitely (the replacement marsh will persist even after the damaged marsh has reached baseline condition again). The value of the losses and benefits has to be adjusted, or discounted, to take account of this. Finally, a figure will be arrived at for the total number of acres of marshland which should be included in the compensation project in this case 11.8 acres. So, in our example, the total cost of the natural resource damage claim would be equal to:- the cost of restoring the damaged 100 acre site (primary restoration), and the cost of upgrading 11.8 acres of marshland at another site (compensation for interim losses) Alternative valuation techniques What if it is not possible to use the first choice resource-to-resource or service-toservice equivalence approaches? Section of Annex II states: If it is not possible to use the first choice resource-to-resource or serviceto-service equivalence approaches, then alternative valuation techniques shall be used. The competent authority may prescribe the method, for example monetary valuation, to determine the extent of the necessary complementary and compensatory remedial measures. If valuation of the lost resources and/or services is practicable, but valuation of the 12

13 replacement natural resources and/or services cannot be performed within a reasonable time-frame or at a reasonable cost, then the competent authority may choose remedial measures whose cost is equivalent to the estimated monetary value of the lost natural resources and/or services. In drafting the Directive, the Commission considered two forms of valuation approach: value-to-value and value-to-cost. The value-to-value approach means that the monetary value of the benefits of proposed remedial actions and the monetary value of the interim losses are both estimated. The value of damages is set equal to the value of environmental resources delivered by the remedial actions. In the US it has been more common to use value-to-cost, since this is simpler, and this is the approach that is referred to in section of Annex II. It basically means that the monetary value of the interim losses is estimated and the equivalent money is spent on compensatory remedial actions irrespective of what the money buys. In other words, the value of the damages is set equal to the cost of the environmental resources delivered by the remedial actions. The actual value of these environmental resources may be more or less than the cost of providing them. 5.6 Example from the US the Fort Lauderdale Mystery Oil Spill case (see Figure 2 below) Of particular interest are the actions selected for compensation: Loss of public beach use For primary restoration they considered only the cleaning of the beaches. But for compensatory restoration they used the value-to-cost approach, which involved putting a value on one beach trip ($26), multiplying it by the number of beach trips lost (18,000) to obtain a figure of $566,000, then spending this amount of money on enhancing the quality of beaches (for example, through dune stabilisation) and improving access to beaches. Injured sea turtles For primary restoration they considered measures to accelerate the return of the sea turtle population to their baseline level, rather than relying on natural recovery, and they chose the same measures to compensate for the interim losses 13

14 pending recovery. The resource-to-resource approach was used because natural resources of the same type and quality could be provided (turtle hatchlings). The action chosen was the enforcement of regulations, which provided for correct beach lighting. Without correct lighting, turtle hatchlings become disorientated, head for the town instead of the moon, and never make it to the sea. The impact of the enforcement of lighting regulations on hatchling survival was known, so it was possible to work out what enforcement measures were needed in order to save the requisite number of turtle hatchlings. 6 Choice of remedial options Once the operator has identified potential remedial measures and submitted them to the competent authority for approval, the competent authority must decide which measures must be implemented. According to Annex II, section 1.3.1: The reasonable remedial options should be evaluated, using best available technologies, based on the following criteria: - The effect of each option on public health and safety, - The cost of implementing the option, - The likelihood of success of each option, - The extent to which each option will prevent future damage, and avoid collateral damage as a result of implementing the option, - The extent to which each option benefits [ ] each component of the natural resource and/or service, - The extent to which each option takes account of relevant social, economic and cultural concerns and other relevant factors specific to the locality, - The length of time it will take for the restoration of the environmental damage to be effective, - The extent to which each option achieves the restoration of [the] site of the environmental damage, - The geographical linkage to the damaged site. 14

15 There is no hierarchy here the criteria all appear to be given the same weight. But when one considers how these will be applied in practice, another question arises: what degree of flexibility does the operator have to carry out off-site works instead of on-site works, or conversely what power does the competent authority have to insist on on-site rather than off-site remediation? Whilst there needs to be some flexibility for operators to find a means of restoring the environment as a whole in the most cost effective way, at the same time there is a need, in many cases, to ensure that the site where the damage occurs is restored, as far as possible. It is worth noting that the above criteria for evaluating remedial options include location as an important factor: The extent to which each option takes account of relevant social, economic and cultural concerns and other relevant factors specific to the locality and The geographical linkage to the damaged site. 9 However, these criteria have to be balanced against the cost of implementing the option. In balancing all these factors, particularly location and cost, there may be difficult decisions to be made as to where to draw the line. There has already been talk of operators remedying environmental damage in the UK, for example, by undertaking projects abroad. Such proposals may provide some real challenges for the competent authorities, particularly when one considers the problems that have already been encountered in finding suitable sites for compensatory measures under the Habitats Directive. 10 This reference to cost appears again. Section states: When evaluating the different identified remedial options, primary remedial measures that do not fully restore the damaged water or protected species or natural habitat to baseline or that restore it more slowly can be chosen. This decision can be taken only if the natural resources and/or services foregone at the primary site as a result of the decision are compensated for by increasing complementary or compensatory actions to provide a similar level of natural resources and/or services as were foregone. This will be the case, for example, when the 9 There is another reference to geographical linkage in section on the purpose of complementary remediation: Where possible and appropriate the alternative site should be geographically linked to the damaged site, taking into account the interests of the affected population. 10 Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora [1992] OJ L206/7. 15

NRDA PROCEDURES AND TERMS

NRDA PROCEDURES AND TERMS NRDA PROCEDURES AND TERMS (Paraphrased from the National Oceanic and Atmospheric Administration Guidance Documents for Natural Resource Damage Assessment Under the Oil Pollution Action of 1990) INTRODUCTION

More information

under the EC Directive on Environmental Liability. Comparative Legal Point of View

under the EC Directive on Environmental Liability. Comparative Legal Point of View Legal Counsel Department on Environment, Nature & Energy Belgium Natural Resource Damage Assessment under the EC Directive on Environmental Liability. Comparative Legal Point of View International Workshop

More information

Introduction to Natural Resource Damage Assessment

Introduction to Natural Resource Damage Assessment Introduction to Natural Resource Damage Assessment Topics Overview Legal: Laws and Regulations NRDA Process Scaling Injuries and Restoration Restoration in the Arctic Summary 2 1 Top Three Things to Know

More information

New environmental liabilities for EU companies

New environmental liabilities for EU companies New environmental liabilities for EU companies The ELD applies to all businesses that operate within the EU, even if the parent company is located outside of the EU. The ELD applies to all businesses,

More information

Natural Resource Damage Assessment. Emphasis on Groundwater May 4, 2004

Natural Resource Damage Assessment. Emphasis on Groundwater May 4, 2004 Natural Resource Damage Assessment Emphasis on Groundwater May 4, 2004 MPCA Mission To help Minnesotans protect their environment. 2 Objectives Introduction to NRDA Introduction to NRDA Process Introduction

More information

Introduction to Natural Resource Damage Assessment NRDA

Introduction to Natural Resource Damage Assessment NRDA Introduction to Natural Resource Damage Assessment NRDA Topics Overview Legal: Laws and Regulations NRDA Process Restoration in the Arctic Summary 2 Top Three Things to Know Three liabilities from oil

More information

Making the polluter pay Environmental Damage Regulations March 2009

Making the polluter pay Environmental Damage Regulations March 2009 Making the polluter pay Environmental Damage Regulations March 2009 Introduction... 1 When do the Regulations apply?... 2 Type of damage... 2 Cause of damage... 3 When did the incident or damage occur?...

More information

Deepwater Horizon Oil Spill Phase I Early Restoration Plan and Environmental Assessment

Deepwater Horizon Oil Spill Phase I Early Restoration Plan and Environmental Assessment Deepwater Horizon Oil Spill Phase I Early Restoration Plan and Environmental Assessment Prepared by the Deepwater Horizon Natural Resource Trustees from State of Alabama State of Florida State of Louisiana

More information

Environmental Liability Directive Protecting Europe s Natural Resources

Environmental Liability Directive Protecting Europe s Natural Resources Environmental Liability Directive Protecting Europe s Natural Resources Environment Europe Direct is a service to help you find answers to your questions about the European Union. Freephone number (*):

More information

Environmental Liability Regulations. Kevin Motherway Environmental Liability Unit EPA Waste Workshop, Athlone 23 rd of October 2009

Environmental Liability Regulations. Kevin Motherway Environmental Liability Unit EPA Waste Workshop, Athlone 23 rd of October 2009 Environmental Liability Regulations Kevin Motherway Environmental Liability Unit EPA Waste Workshop, Athlone 23 rd of October 2009 The Environmental Liability Regulations (ELR)* S.I. No. 547 of 2008 in

More information

Gulf Coast Restoration & recovery 101 Basic policies, legal processes, and terms relevant to the Deepwater Horizon disaster

Gulf Coast Restoration & recovery 101 Basic policies, legal processes, and terms relevant to the Deepwater Horizon disaster E N V I R O N M E N T A L L A W I N S T I T U T E O C E A N P R O G R A M W W W. E L I - O C E A N. ORG/ G U L F 1 7 3 0 M S T N W, S TE 700, W A S H I N G T O N, DC 2 0 0 3 6 T EL: 2 0 2. 9 3 9. 3 8 4

More information

Environmental damage compensation: Main issues

Environmental damage compensation: Main issues Valuing Environmental Damage: an integrated economic framework Forest fire damage case Edi Defrancesco Dept. TeSAF, University of Padova edi.defrancesco@unipd.it Yoshkar-Ola, November 5-6th 2007 Environmental

More information

NOW, THEREFORE, in consideration of the foregoing recitals the Parties mutually agree as follows: AGREEMENT

NOW, THEREFORE, in consideration of the foregoing recitals the Parties mutually agree as follows: AGREEMENT MEMORANDUM OF AGREEMENT BETWEEN THE NATURAL RESOURCE TRUSTEES AND [DEVELOPER] FOR PROVIDING TECHNICAL ASSISTANCE RELATED TO HABITAT RESTORATION PROJECTS TOWARD FUTURE SETTLEMENT OF NATURAL RESOURCE DAMAGE

More information

Environmental Liability Directive; Implementation, Enforcement,

Environmental Liability Directive; Implementation, Enforcement, Environmental Liability Directive; Implementation, Enforcement, and the Future Valerie Fogleman Consultant, Stevens & Bolton LLP Professor, Cardiff University School of Law Topics Environmental Liability

More information

The implementation of the European Union Environmental Liability Directive

The implementation of the European Union Environmental Liability Directive RSPB Briefing January 2006 The implementation of the European Union Environmental Liability Directive Briefing on the main issues arising in relation water I. Introduction The European Union s Environmental

More information

Natural Resource Damage Assessment and Restoration Federal Advisory Committee Final Report. May 1, 2007

Natural Resource Damage Assessment and Restoration Federal Advisory Committee Final Report. May 1, 2007 Natural Resource Damage Assessment and Restoration Federal Advisory Committee Final Report May 1, 2007 Natural Resource Damage Assessment and Restoration Federal Advisory Committee Final Report Table of

More information

CDPHE. The Colorado Department of Public Health and Environment, the State agency responsible for hazardous waste site compliance and oversight.

CDPHE. The Colorado Department of Public Health and Environment, the State agency responsible for hazardous waste site compliance and oversight. Glossary This section presents definitions of terms in this report. Baseline. The condition of a natural resource that would have existed but for the release of hazardous substances. Baseline conditions

More information

Environmental Liability Directive: Meeting the threshold of water damage. Caroline Fielder Senior Legal Advisor 16 January 2013

Environmental Liability Directive: Meeting the threshold of water damage. Caroline Fielder Senior Legal Advisor 16 January 2013 Environmental Liability Directive: Meeting the threshold of water damage Caroline Fielder Senior Legal Advisor 16 January 2013 Overview Environment Agency s role Definition of water damage A case study:

More information

Sec. 22a-1a page 1 (4-97)

Sec. 22a-1a page 1 (4-97) Department of Environmental Protection Sec. 22a-1a page 1 (4-97) TABLE OF CONTENTS Connecticut Environmental Policy Act Definitions... 22a-1a- 1 Determination of sponsoring agency.... 22a-1a- 2 Determination

More information

POLLUTION DAMAGE LIABILITY AND COMPENSATION ISSUES RELATED TO OFFSHORE ACTIVITIES

POLLUTION DAMAGE LIABILITY AND COMPENSATION ISSUES RELATED TO OFFSHORE ACTIVITIES POLLUTION DAMAGE LIABILITY AND COMPENSATION ISSUES RELATED TO OFFSHORE ACTIVITIES Valdas Langas vlangas@hotmail.com Coastal Research ad Planning Institute, Klaipėda University Palanga, December 2-3, 2010

More information

Liability for ecological damage: the added value of the Environmental Liability Directive for nature conservation

Liability for ecological damage: the added value of the Environmental Liability Directive for nature conservation Liability for ecological damage: the added value of the Environmental Liability Directive for nature conservation Valerie Fogleman Consultant, Stevens & Bolton LLP Professor of Law, Cardiff University

More information

NPFCPUB 16465.2. Oil Spill Liability Trust Fund (OSLTF) Funding for Oil Spills

NPFCPUB 16465.2. Oil Spill Liability Trust Fund (OSLTF) Funding for Oil Spills NPFCPUB 16465.2 Oil Spill Liability Trust Fund (OSLTF) Funding for Oil Spills January 2006 PURPOSE This document is designed to help the general public and other readers understand how Federal response

More information

CHAPTER 13: PUBLIC COMMENT ON THE DRAFT PHASE III ERP/PEIS AND RESPONSES... 1 13.1 Introduction... 1 13.2 Organization of this Chapter... 1 13.

CHAPTER 13: PUBLIC COMMENT ON THE DRAFT PHASE III ERP/PEIS AND RESPONSES... 1 13.1 Introduction... 1 13.2 Organization of this Chapter... 1 13. CHAPTER 13: PUBLIC COMMENT ON THE DRAFT PHASE III ERP/PEIS AND RESPONSES... 1 13.1 Introduction... 1 13.2 Organization of this Chapter... 1 13.3 The Comment Analysis Process... 2 13.4 Major Comment Themes...

More information

FUDS PROGRAM GUIDANCE TO IMPLEMENT ARMY INTERMIM POLICY FOR INTEGRATING NATURAL RESOURCE INJURY RESPONSIBILITIES AND ENVIRONMENTAL RESPONSE ACTIVITIES

FUDS PROGRAM GUIDANCE TO IMPLEMENT ARMY INTERMIM POLICY FOR INTEGRATING NATURAL RESOURCE INJURY RESPONSIBILITIES AND ENVIRONMENTAL RESPONSE ACTIVITIES FUDS PROGRAM GUIDANCE TO IMPLEMENT ARMY INTERMIM POLICY FOR INTEGRATING NATURAL RESOURCE INJURY RESPONSIBILITIES AND ENVIRONMENTAL RESPONSE ACTIVITIES 1 Purpose. This guidance implements the May 2, 2000

More information

Damage Assessment and Restoration Handbook

Damage Assessment and Restoration Handbook National Park Service U.S. Department of the Interior Damage Assessment and Restoration Handbook GUIDANCE FOR DAMAGE ASSESSMENT AND RESTORATION ACTIVITIES IN THE NATIONAL PARK SERVICE Environmental Quality

More information

Dr. Jonathan Derham Office of Climate, Licensing and Resource Use

Dr. Jonathan Derham Office of Climate, Licensing and Resource Use Remediation of Environmental Damage under the Environmental Liability Directive / Regulations: context, and a strategy for how such remediation may be legally and technically achieved Dr. Jonathan Derham

More information

Proposal for a RECOMMENDATION OF THE EUROPEAN COMMISSION

Proposal for a RECOMMENDATION OF THE EUROPEAN COMMISSION EUROPEAN COMMISSION Brussels, XXX [ ] (2013) XXX draft Proposal for a RECOMMENDATION OF THE EUROPEAN COMMISSION Providing minimum principles for the exploration and production of hydrocarbons (especially

More information

Citizen Suit Provisions. Restoring Hazardous Landscapes! Science, Justice, and Law! Declaration of National Environmental Policy

Citizen Suit Provisions. Restoring Hazardous Landscapes! Science, Justice, and Law! Declaration of National Environmental Policy Declaration of National Environmental Policy Restoring Hazardous Landscapes! Science, Justice, and Law! Professor John Wargo! PLSC 215b/EVST 255b Environmental Politics and Law Lecture 7: February 4, 2010

More information

Natural Resource Damage Assessment and Restoration

Natural Resource Damage Assessment and Restoration Natural Resource Damage Assessment and Restoration Sarah Allan NOAA Office of Response and Restoration Anchorage, AK sarah.allan@noaa.gov NOAA OR&R United States Department of Commerce National Oceanic

More information

PROSPECTS FOR BETTER COMPENSATION FOR ECOLOGICAL DAMAGE RESULTING FROM ACCIDENTS IN EUROPEAN MARINE WATERS

PROSPECTS FOR BETTER COMPENSATION FOR ECOLOGICAL DAMAGE RESULTING FROM ACCIDENTS IN EUROPEAN MARINE WATERS CRPMDTR110 077 B3 CONFERENCE DES REGIONS PERIPHERIQUES MARITIMES D EUROPE CONFERENCE OF PERIPHERAL MARITIME REGIONS OF EUROPE 6, rue Saint-Martin, 35700 RENNES - FR Tel. : + 33 (0)2 99 35 40 50 - Fax :

More information

A Business Guide to the European Union Environmental Liability Directive

A Business Guide to the European Union Environmental Liability Directive Aon Risk Solutions Environmental Services Group A Business Guide to the European Union Environmental Liability Directive Risk. Reinsurance. Human Resources. 2 Bridging the Gap in Corporate Environmental

More information

Proposed Terms of Reference for EIA studies

Proposed Terms of Reference for EIA studies 1 Proposed Terms of Reference for EIA studies Base line data collection will be collected for the Post-Monsoon season 2016 (September to November 2016) in study area and 10 kms radius from project site.

More information

Risk-Based Decision Making for Site Cleanup

Risk-Based Decision Making for Site Cleanup July 2013 Risk-Based Decision Making for Site Cleanup The Oklahoma Department of Environmental Quality (DEQ) has adopted a risk based decision making process to provide a framework for determining cleanup

More information

Environmental Compliance Questionnaire for National Oceanic and Atmospheric Administration Federal Financial Assistance Applicants

Environmental Compliance Questionnaire for National Oceanic and Atmospheric Administration Federal Financial Assistance Applicants OMB Approval No.: 0648-0538 Environmental Compliance Questionnaire for National Oceanic and Atmospheric Administration Federal Financial Assistance Applicants Instructions The National Environmental Policy

More information

Common Law: Trespass, Nuisance and Negligence

Common Law: Trespass, Nuisance and Negligence Common Law: Trespass, Nuisance and Negligence Fact Sheet 02 Updated December 2010 An Introduction to Common Law: Trespass, Nuisance and Negligence Mostly, the environmental law that we rely on to protect

More information

Explanatory Memorandum to the Conservation of Habitats and Species (Amendment) Regulations 2012

Explanatory Memorandum to the Conservation of Habitats and Species (Amendment) Regulations 2012 Explanatory Memorandum to the Conservation of Habitats and Species (Amendment) Regulations 2012 This Explanatory Memorandum has been prepared by the Environment and Sustainable Development Department and

More information

Overview of the Division of Water Restoration Assistance

Overview of the Division of Water Restoration Assistance Overview of the Division of Water Restoration Assistance Presented by Trina Vielhauer Director, Division of Water Restoration Assistance Water Restoration Assistance Trina Vielhauer Director State Revolving

More information

National Planning Policy for Waste

National Planning Policy for Waste National Planning Policy for Waste October 2014 Department for Communities and Local Government Crown copyright, 2014 Copyright in the typographical arrangement rests with the Crown. You may re-use this

More information

Environmental Liability in the European Union: How the (re)insurance industry is developing solutions in a fast-evolving context

Environmental Liability in the European Union: How the (re)insurance industry is developing solutions in a fast-evolving context Technical newsletter September 2010 Environmental Liability in the European Union: How the (re)insurance industry is developing solutions in a fast-evolving context As awareness of environmental issues

More information

12 ENERGY. 12.1 Introduction

12 ENERGY. 12.1 Introduction 12 Energy 12.1 Introduction Otago is a hydro-electric power producing region and a major exporter of electricity in New Zealand today. The two large existing hydro-electric schemes in the region, Roxburgh

More information

EPA S TECHNOLOGY NEEDS FOR THE WATER AND WASTEWATER INDUSTRY

EPA S TECHNOLOGY NEEDS FOR THE WATER AND WASTEWATER INDUSTRY EPA S TECHNOLOGY NEEDS FOR THE WATER AND WASTEWATER INDUSTRY Nancy Stoner Acting Assistant Administrator U.S. EPA Office of Water International Emerging Technology Symposium Arlington, VA April 23rd, 2014

More information

PLOWING YOUR WAY INTO ENVIRONMENTAL LIABILITIES IN SOUTH FLORIDA

PLOWING YOUR WAY INTO ENVIRONMENTAL LIABILITIES IN SOUTH FLORIDA FORT LAUDERDALE MARINER S CLUB 18 TH Annual Seminar OCTOBER 25, 2006 PLOWING YOUR WAY INTO ENVIRONMENTAL LIABILITIES IN SOUTH FLORIDA ****** SPEAKER: KEITH S. BRAIS, ESQ. Florida Bar Board Certified Admiralty

More information

Dealing with pollution from ships

Dealing with pollution from ships Dealing with pollution from ships REPORT BY THE COMPTROLLER AND AUDITOR GENERAL HC 879 Session 2001-2002: 12 June 2002 LONDON: The Stationery Office 0.00 Ordered by the House of Commons to be printed on

More information

Environmental damage: Extending the Environmental Liability Directive into marine waters

Environmental damage: Extending the Environmental Liability Directive into marine waters Environmental damage: Extending the Environmental Liability Directive into marine waters Consultation on amending the Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland)

More information

LIQUID WASTE TREATMENT FACILITY MENDIS ROAD, HUDSON CREEK DRAFT GUIDELINES FOR A PUBLIC ENVIRONMENTAL REPORT

LIQUID WASTE TREATMENT FACILITY MENDIS ROAD, HUDSON CREEK DRAFT GUIDELINES FOR A PUBLIC ENVIRONMENTAL REPORT LIQUID WASTE TREATMENT FACILITY MENDIS ROAD, HUDSON CREEK DRAFT GUIDELINES FOR A PUBLIC ENVIRONMENTAL REPORT Introduction The purpose of this Public Environmental Report (PER) is to provide the Government

More information

Environmental damage: extending the Environmental Liability Directive into marine waters

Environmental damage: extending the Environmental Liability Directive into marine waters www.gov.uk/defra Environmental damage: extending the Environmental Liability Directive into marine waters Consultation on amending the Environmental Damage (Prevention and Remediation) Regulations 2009

More information

6.11.2007 Official Journal of the European Union L 288/27 DIRECTIVES

6.11.2007 Official Journal of the European Union L 288/27 DIRECTIVES 6.11.2007 Official Journal of the European Union L 288/27 DIRECTIVES DIRECTIVE 2007/60/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 October 2007 on the assessment and management of flood risks

More information

Programs. Department-wide Programs Funding

Programs. Department-wide Programs Funding Department-wide Programs Overview Department-wide programs support bureaus and offices through the execution of activities that are broad in scope and impact. These programs complement the many diverse

More information

Recovery of full cost and pricing of water in the Water Framework Directive

Recovery of full cost and pricing of water in the Water Framework Directive Abstract Recovery of full cost and pricing of water in the Water Framework Directive D. Assimacopoulos Professor, Department of Chemical Engineering, NTUA The Water Framework Directive (EC 2000/60) introduces

More information

Fisheries and Oceans Canada Species at Risk Act Listing Policy and Directive for Do Not List Advice. DFO SARA Listing Policy

Fisheries and Oceans Canada Species at Risk Act Listing Policy and Directive for Do Not List Advice. DFO SARA Listing Policy Fisheries and Oceans Canada Species at Risk Act Listing Policy and Directive for Do Not List Advice DFO SARA Listing Policy Preamble The Fisheries and Oceans Canada (DFO) Species at Risk Act (SARA) Listing

More information

CONSERVATION AREAS ACT

CONSERVATION AREAS ACT CONSERVATION AREAS ACT CAP. 30.15 Conservation Areas Act CAP. 30.15 Arrangement of Sections CONSERVATION AREAS ACT Arrangement of Sections Section 1 Short title... 5 2 Interpretation... 5 3 Declaration

More information

NATIONAL INSURANCE BROKERS ASSOCIATION OF AUSTRALIA (NIBA) Submission to WorkCover Western Australia. Legislative Review 2013

NATIONAL INSURANCE BROKERS ASSOCIATION OF AUSTRALIA (NIBA) Submission to WorkCover Western Australia. Legislative Review 2013 NATIONAL INSURANCE BROKERS ASSOCIATION OF AUSTRALIA (NIBA) ABOUT NIBA Submission to WorkCover Western Australia Legislative Review 2013 February 2014 NIBA is the peak body of the insurance broking profession

More information

Environmental Issues & Public Affairs

Environmental Issues & Public Affairs Your knowledge of basic environmental laws and your role as PAO in supporting your command's efforts is critical to your ability to support your command's public information efforts. If you have ever worked

More information

Preliminary Views on the Draft Early Restoration Programmatic Environmental Impact Statement and Phase III Early Restoration Plan

Preliminary Views on the Draft Early Restoration Programmatic Environmental Impact Statement and Phase III Early Restoration Plan Preliminary Views on the Draft Early Restoration Programmatic Environmental Impact Statement and Phase III Early Restoration Plan The Deepwater Horizon Natural Resource Damage Assessment Trustees (Trustees)

More information

ENVIRONMENTAL PERSPECTIVES

ENVIRONMENTAL PERSPECTIVES SPECIAL EDITION Emerging Trends in Natural Resource Damage Assessment (NRDA) ENVIRONMENTAL PERSPECTIVES NRDA Baseline But for...? 2 What is Baseline? 2 Why Does Baseline Matter? 3 Baseline Variability

More information

By Richard H. Hobbie III. June 26, 1996

By Richard H. Hobbie III. June 26, 1996 Statement of The American Institute of Marine Underwriters and The Water Quality Insurance Syndicate Before The Subcommittee on Coast Guard and Maritime Transportation By Richard H. Hobbie III June 26,

More information

THE ROYAL BOROUGH OF KENSINGTON AND CHELSEA REMEDIATION STRATEGY

THE ROYAL BOROUGH OF KENSINGTON AND CHELSEA REMEDIATION STRATEGY THE ROYAL BOROUGH OF KENSINGTON AND CHELSEA REMEDIATION STRATEGY November 2004 CONTENTS CHAPTER TITLE PAGE One Introduction 1 Two Task One Establishing the appropriate person(s) 3 Three Task Two Identifying

More information

Site Cleanup in Connecticut

Site Cleanup in Connecticut Site Cleanup in Connecticut Taking the Mystery Out of Dealing with Contaminated Property in Connecticut: Information for Property Owners, Buyers, Sellers, Attorneys, Bankers, Insurance Representatives

More information

Environmental Liability Regulations Guidance Document

Environmental Liability Regulations Guidance Document Environmental Protection Agency The Environmental Protection Agency (EPA) is a statutory body responsible for protecting the environment in Ireland. We regulate and police activities that might otherwise

More information

Marine Protection Rules Marine Protection Rules Part 102 Certificates of Insurance Amendment 2014

Marine Protection Rules Marine Protection Rules Part 102 Certificates of Insurance Amendment 2014 Marine Protection Rules Marine Protection Rules Part 102 Certificates of Insurance Amendment 2014 Invitation to comment May 2014 Ensuring our transport system helps New Zealand thrive Contents Invitation

More information

Performance Management for Environmental Remediation Projects. William C. Lattin, PMP US Department of Energy Idaho Operations Office

Performance Management for Environmental Remediation Projects. William C. Lattin, PMP US Department of Energy Idaho Operations Office Performance Management for Environmental Remediation Projects William C. Lattin, PMP US Department of Energy Idaho Operations Office Course Objectives Awareness of the types of cost estimating used to

More information

TESTIMONY OF PAUL ANASTAS, PhD ASSISTANT ADMINISTRATOR FOR THE OFFICE OF RESEARCH AND DEVELOPMENT U.S. ENVIRONMENTAL PROTECTION AGENCY

TESTIMONY OF PAUL ANASTAS, PhD ASSISTANT ADMINISTRATOR FOR THE OFFICE OF RESEARCH AND DEVELOPMENT U.S. ENVIRONMENTAL PROTECTION AGENCY TESTIMONY OF PAUL ANASTAS, PhD ASSISTANT ADMINISTRATOR FOR THE OFFICE OF RESEARCH AND DEVELOPMENT U.S. ENVIRONMENTAL PROTECTION AGENCY BEFORE THE COMMITTEE ON ENERGY AND COMMERCE SUBCOMMITTEE ON ENERGY

More information

Use of Alternate Concentration Limits (ACLs) to Determine Cleanup or Regulatory Levels Under RCRA and CERCLA

Use of Alternate Concentration Limits (ACLs) to Determine Cleanup or Regulatory Levels Under RCRA and CERCLA U.S. Department of Energy Office of Environmental Policy and Assistance ACL Information Brief DOE/EH-413-9912 (December 1999) DEPARTMENT OF ENERGY UN ITED STATES OF AMERICA Use of Alternate Concentration

More information

Environmental Law Primer. Adapted from Vermont Law School s Environmental Law Primer for Journalists

Environmental Law Primer. Adapted from Vermont Law School s Environmental Law Primer for Journalists Environmental Law Primer Adapted from Vermont Law School s Environmental Law Primer for Journalists General Categories Command and Control Liability Disclosure Ecosystem and Place-based Programs Marketable

More information

APPENDIX F MDE Response to EPA s Comments on the Final Draft 2004 Integrated Report

APPENDIX F MDE Response to EPA s Comments on the Final Draft 2004 Integrated Report APPENDIX F MDE Response to EPA s Comments on the Final Draft 2004 Integrated Report EPA Comment #1: Section 3.2.1.3.1 - Natural Conditions - provide identification of the waters that are not listed based

More information

Slide 1. Enviros Consulting Ltd

Slide 1. Enviros Consulting Ltd Slide 1 Regulation of Waste Management Activities Past, Present and Future! Steve Bell Technical Manager Waste Management Thursday, 26 July 2007 Presentation Aims An insight of where we have come from

More information

Office of Solid Waste and Emergency Response. ECO Update. The Role Of Natural Resource Trustees In The Superfund Process

Office of Solid Waste and Emergency Response. ECO Update. The Role Of Natural Resource Trustees In The Superfund Process United States Environmental Protection Agency Office of Solid Waste and Emergency Response Publication 9345.0-05I March 1992 ECO Update Office of Emergency and Remedial Response Hazardous Site Evaluation

More information

A MANUAL FOR CONDUCTING NATURAL RESOURCE DAMAGE ASSESSMENT: THE ROLE OF ECONOMICS

A MANUAL FOR CONDUCTING NATURAL RESOURCE DAMAGE ASSESSMENT: THE ROLE OF ECONOMICS A MANUAL FOR CONDUCTING NATURAL RESOURCE DAMAGE ASSESSMENT: THE ROLE OF ECONOMICS Prepared for: Division of Economics Fish and Wildlife Service U.S. Department of the Interior Prepared by: Robert E. Unsworth

More information

Programs. Department-wide Programs Funding

Programs. Department-wide Programs Funding Department-wide Programs Overview Department-wide programs support bureaus and offices through the execution of activities that are broad in scope and impact. These programs complement the many diverse

More information

Extract from. Études et Dossiers No. 333. M.O.R.E. 21 Seminar of The Geneva Association. Paris, 24-25 September 2007

Extract from. Études et Dossiers No. 333. M.O.R.E. 21 Seminar of The Geneva Association. Paris, 24-25 September 2007 International Association for the Study of Insurance Economics Études et Dossiers Extract from Études et Dossiers No. 333 M.O.R.E. 21 Seminar of The Geneva Association Paris, 24-25 September 2007 & 25

More information

Section A: Introduction, Definitions and Principles of Infrastructure Resilience

Section A: Introduction, Definitions and Principles of Infrastructure Resilience Section A: Introduction, Definitions and Principles of Infrastructure Resilience A1. This section introduces infrastructure resilience, sets out the background and provides definitions. Introduction Purpose

More information

Colorado Natural Heritage Program

Colorado Natural Heritage Program CNHP s mission is to preserve the natural diversity of life by contributing the essential scientific foundation that leads to lasting conservation of Colorado's biological wealth. Colorado Natural Heritage

More information

2. determining that land is not contaminated land and is suitable for any use, and hence can be removed from the CLR or EMR, as relevant.

2. determining that land is not contaminated land and is suitable for any use, and hence can be removed from the CLR or EMR, as relevant. 1. Purpose The Environmental Protection Act 1994 (EP Act) enables listing of land on the environmental management register (EMR) if either a notifiable activity has been or is being conducted, or the land

More information

Halton Region Planning & Public Works Committee Meeting July 8, 2015

Halton Region Planning & Public Works Committee Meeting July 8, 2015 Acton Quarry Extension Halton Region Planning & Public Works Committee Meeting July 8, 2015 1 Proposed Extraction Area 50% Reduction The extraction area was reduced by 50% to address comments from the

More information

ECOLOGICAL RESTORATION A MEANS OF CONSERVING BIODIVERSITY AND SUSTAINING LIVELIHOODS

ECOLOGICAL RESTORATION A MEANS OF CONSERVING BIODIVERSITY AND SUSTAINING LIVELIHOODS ECOLOGICAL A MEANS OF CONSERVING BIODIVERSITY AND SUSTAINING LIVELIHOODS RESTORATION The Society for Ecological Restoration International (SER) is a non-profit organization infused with the energy of involved

More information

The Comprehensive Environmental Response,

The Comprehensive Environmental Response, Purpose and Applicability of Regulations The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) was enacted by Congress in 1980 to clean up the nation s hazardous waste sites

More information

The Expert Navigators in Maritime, Transportation and Insurance Law

The Expert Navigators in Maritime, Transportation and Insurance Law The Expert Navigators in Maritime, Transportation and Insurance Law Isaacs & Co. is one of Canada's leading full-service maritime, transportation and insurance law firms and concentrates on all areas of

More information

INSURANCE AND POLLUTION PREVENTION

INSURANCE AND POLLUTION PREVENTION INSURANCE AND POLLUTION PREVENTION Publication #99-439 Environmental Insurance What is environmental insurance and what does it insure against? Environmental insurance insures against potential damages

More information

The new EU Clinical Trials Regulation How NHS research and patients will benefit

The new EU Clinical Trials Regulation How NHS research and patients will benefit the voice of the NHS in Europe Briefing September 2014 Issue 19 The new EU Clinical Trials Regulation How NHS research and patients will benefit Who should read this briefing? This briefing will be of

More information

Guide to Preparing an Environmental Scoping Document

Guide to Preparing an Environmental Scoping Document ENVIRONMENTAL SCOPING DOCUMENT Guide to Preparing an Environmental Scoping Document 1. Introduction Where the EPA decides to assess a proposal under the Public Environmental Review (PER) process, the EPA

More information

SCHEDULE 2 TO THE DEVELOPMENT PLAN OVERLAY Shown on the planning scheme map as DPO2 WAVERLEY GOLF COURSE, LYSTERFIELD VALLEY

SCHEDULE 2 TO THE DEVELOPMENT PLAN OVERLAY Shown on the planning scheme map as DPO2 WAVERLEY GOLF COURSE, LYSTERFIELD VALLEY SCHEDULE 2 TO THE DEVELOPMENT PLAN OVERLAY Shown on the planning scheme map as DPO2 WAVERLEY GOLF COURSE, LYSTERFIELD VALLEY 1.0 Conditions and requirements for permits A permit to use and develop the

More information

EBRD s Environmental & Social (E&S) Risk Management Procedures for Mortgage Lending

EBRD s Environmental & Social (E&S) Risk Management Procedures for Mortgage Lending EBRD s Environmental & Social (E&S) Risk Management Procedures for Mortgage Lending Any EBRD partner Financial Intermediary (FI) must have clearly defined environmental and social management systems in

More information

CLASS SPECIFICATION Environmental Specialist 30000339

CLASS SPECIFICATION Environmental Specialist 30000339 City of Portland Job Code: Multiple CLASS SPECIFICATION Environmental Specialist 30000339 FLSA Status: Exempt Union Representation: City of Portland Professional Employees Association (COPPEA) GENERAL

More information

Testimony of Diane Vosick, Director of Policy and Partnerships

Testimony of Diane Vosick, Director of Policy and Partnerships Testimony of Diane Vosick, Director of Policy and Partnerships The Ecological Restoration Institute, Northern Arizona University http://www.eri.nau.edu/ Before the House Federal Lands Subcommittee April

More information

COMMISSION OF THE EUROPEAN COMMUNITIES

COMMISSION OF THE EUROPEAN COMMUNITIES COMMISSION OF THE EUROPEAN COMMUNITIES PROPOSAL FOR A DIRECTIVE AMENDING COUNCIL DIRECTIVES 72/166/EEC, 84/5/EEC, 88/357/EEC, 90/232/EEC AND DIRECTIVE 2000/26/EC ON INSURANCE AGAINST CIVIL LIABILITY IN

More information

Paragraph 9 Exemption The reclamation or improvement of land

Paragraph 9 Exemption The reclamation or improvement of land The reclamation or improvement of land 1 INTRODUCTION This document provides guidance, definitions, operational policy and strategy with regard registering a paragraph 9 exemption under Schedule 1 of the

More information

NATIONAL MARINE FISHERIES SERVICE INSTRUCTION 02-110-17

NATIONAL MARINE FISHERIES SERVICE INSTRUCTION 02-110-17 Department of Commerce $ National Oceanic & Atmospheric Administration $ National Marine Fisheries Service NATIONAL MARINE FISHERIES SERVICE INSTRUCTION 02-110-17 Protected Resource Management Endangered

More information

CHAPTER II SURFACE WATER MANAGEMENT ELEMENT

CHAPTER II SURFACE WATER MANAGEMENT ELEMENT CHAPTER II TABLE OF CONTENTS Objective 1-Master Stormwater Management Plan Implementation... 1 Objective 2- Meeting Future Needs... 5 Objective 3- Concurrency Management... 6 Objective 4- Natural Drainage

More information

IN RE: ) ) Docket No. HLP-2014-0001 DAKOTA ACCESS LLC ) The Science and Environmental Health Network

IN RE: ) ) Docket No. HLP-2014-0001 DAKOTA ACCESS LLC ) The Science and Environmental Health Network STATE OF IOWA DEPARTMENT OF COMMERCE BEFORE THE IOWA UTILITIES BOARD IN RE: ) ) Docket No. HLP-01-0001 DAKOTA ACCESS LLC ) 1 1 DIRECT TESTIMONY OF Carolyn Raffensperger ON BEHALF OF The Science and Environmental

More information

late payment The Late Payment of Commercial Debts (Interest) Act 1998: A User s Guide

late payment The Late Payment of Commercial Debts (Interest) Act 1998: A User s Guide late payment The Late Payment of Commercial Debts (Interest) Act 1998: A User s Guide Index Introduction The importance of prompt payment Legal Warning Section 1: Understanding the legislation What is

More information

Aiding the Hydro-scheme development process. Web-links to useful information sources

Aiding the Hydro-scheme development process. Web-links to useful information sources Aiding the Hydro-scheme development process. Web-links to useful information sources Web-pages are in bold. These pages aim at providing developers, land-owners, decision makers and advisors with a collation

More information

Waste disposal, recycling and land reclamation

Waste disposal, recycling and land reclamation ACTIVITY BRIEF Waste disposal, recycling and land reclamation The science at work Human activity has led to the generation of increasing amounts of waste. All of this has to be disposed of is some way.

More information

What is my claim worth?

What is my claim worth? What is my claim worth? This is probably the most common and important question asked by a Claimant pursuing a personal injury claim. At the end of the day, it is the recovery of compensation for the injury

More information

Fiskville Training College

Fiskville Training College Fiskville Training College Community update CFA Fiskville CFA s Fiskville Training College, located at 4549 Geelong-Ballan Road, plays a vital role in training Victoria s firefighters and emergency service

More information

Guide to Tank Insurance

Guide to Tank Insurance Guide to Tank Insurance OCTOBER 2011 Prepared by: ASTSWMO State Funds Task Force Association of State and Territorial Solid Waste Management Officials 444 North Capitol Street, N.W., Suite 315 Washington,

More information

The Strategic Environmental Assessment Directive: Guidance for Planning Authorities

The Strategic Environmental Assessment Directive: Guidance for Planning Authorities The Strategic Environmental Assessment Directive: Guidance for Planning Authorities Practical guidance on applying European Directive 2001/42/EC on the assessment of the effects of certain plans and programmes

More information

Marine Stewardship Council

Marine Stewardship Council Marine Stewardship Council MSC Fishery Standard Principles and Criteria for Sustainable Fishing Version 1.1 1 st May 2010 Committees responsible for this Standard This standard is intended to be used on

More information

Chapter 5: Spills Response

Chapter 5: Spills Response Chapter 5: Spills Response When printing materials are spilled, the response required by the owner or operator depends on what is spilled and the quantity. The entities who must be informed of a spill

More information

Claims & Litigation Overview

Claims & Litigation Overview B P O i l D i s a s t e r : R e s t o r a t i o n & R e c o v e r y Claims & Litigation Overview DECEMBER 2013 Hundreds of lawsuits have been filed as a result of the Deepwater Horizon disaster. These

More information