Biodiversity damage from authorised activities: the polluter pays and precautionary principles and the significance threshold in the Environmental Liability Directive

Fogleman, Valerie ORCID: https://orcid.org/0000-0001-7716-9494 2020. Biodiversity damage from authorised activities: the polluter pays and precautionary principles and the significance threshold in the Environmental Liability Directive. Environmental Liability 26 (2) , pp. 35-54.

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Abstract

In July 2020, the Court of Justice of the European Union (CJEU) ruled that measures carried out by a public law association could potentially cause environmental damage under the Environmental Liability Directive (ELD) to a protected species of bird, even though the measures were part of the management of a site in accordance with the association’s statutory obligations. This article discusses the relationship between the ELD and the Nature Directives and also includes an examination of Naturschutzbund Deutschland and the background to the case.

Item Type:	Article
Date Type:	Publication
Status:	Published
Schools:	Cardiff Law & Politics
Publisher:	Lawtext Publishing Ltd
ISSN:	0966-2030
Date of First Compliant Deposit:	12 November 2020
Date of Acceptance:	12 October 2020
Last Modified:	15 Nov 2023 16:08
URI:	https://orca.cardiff.ac.uk/id/eprint/136318

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