The threshold for liability for ecological damage in the EU: mixing environmental and conservation law

Fogleman, Valerie ORCID: https://orcid.org/0000-0001-7716-9494 2014. The threshold for liability for ecological damage in the EU: mixing environmental and conservation law. Born, Charles-Hubert, Cliquet, An, Schoukens, Hendrik, Misonne, Delphine and Van Hoorick, Geert, eds. The Habitats Directive in its EU Environmental Law Context: European Nature's Best Hope, Routledge,

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Abstract

The Habitats Directive1 and the Environmental Liability Directive (ELD)2 share a common aim: to contribute towards halting the loss of biodiversity in the European Union (EU). Their approaches, however, are very different. The Habitats Directive directs Member States to take measures to maintain or restore, at favourable conservation status, species and natural habitats protected by it and the Birds Directive.3 The ELD requires operators whose activities cause an imminent threat of, or actual, environmental damage, including damage to species and natural habitats protected by the Habitats and Birds Directives (called ‘ecological damage’ in this chapter), to prevent or remedy it, respectively.4 The threat of liability for remediating damage has the associated aim of inducing operators to carry out measures to prevent damage occurring.5

Item Type:	Book Section
Date Type:	Publication
Status:	Published
Schools:	Cardiff Law & Politics
Publisher:	Routledge
ISBN:	9781315777290
Last Modified:	09 Nov 2022 09:39
URI:	https://orca.cardiff.ac.uk/id/eprint/136457

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