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There are a wide range of legal, technical and economic practice issues embedded in the environmental damage assessment and remediation process under the EU Environmental Liability Directive (ELD) and Member State legislation implementing the ELD into national law.
By way of example, some of the relevant issues include those listed below. We invite additions and modifications:
- Determining Applicability and Scope of the ELD
- Applying ELD Defences and Exceptions
- Determining Significant Environmental Damage
- Assessing Environmental Damage to Land, Water and Protected Species and Habitats
- Determining Primary, Compensatory and Complementary Remediation
- Defining Baseline
- Determining Causation (the linkage between the release and effects)
- Quantifying Environmental Damage and Service Losses
- Using Habitat Equivalency Analysis and Other Scaling Approaches
- Incorporating Uncertainty in Environmental Damage Assessment
- Selecting Remediation Projects
- Considering Financial Security Requirements
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