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Krainiukov, O. M., I. A. Kryvytska, A. M. Krainiukova, and M. Lineman. "The problem of assessing the economic consequences from chemical pollution of surface water." 26, no. 26 (May 30, 2022): 89–101. http://dx.doi.org/10.26565/1992-4259-2022-26-08.
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Purpose. Analysis of domestic and foreign experience in solving the problem of chemical pollution of surface waters and improving the existing "Methodology for calculating the amount of compensation for damages caused to the state as a result of violations of legislation on protection and rational use of water resources." Methods. Information analysis, theoretical and calculation, systems analysis. Results. In European countries, the assessment of the economic consequences of chemical pollution of surface waters is based on the provisions of Directive 2004/35 / EC "On environmental liability with regard to the prevention and remedying of environmental damage". The implementation of this Directive is carried out by creating a system of environmental liability based on the "polluter pays" principle not only for non-compliance with the limit of discharge of pollutants into water bodies, but also for violation of the properties and nature of aquatic ecosystems and their restoration. It is established that the consequences of not all forms of environmental damage can be eliminated by using the mechanism of environmental responsibility. For this mechanism to be effective, one or more sources of pollution must be identified, the damage must be specific and calculable, and a causal link must be found between the damage and one or more identified sources of pollution. In addition, liability is not an appropriate tool for large-scale, diffuse pollution, when it is impossible to establish a link between negative environmental impacts and the actions or inaction of certain individuals. Based on the analysis of national regulations and methodological approaches to assessing the economic consequences of chemical pollution of surface waters in European and other foreign countries, an algorithm is proposed to take into account the levels of acute lethal toxicity of return waters. Conclusions.. The algorithm for assessing the environmental impact of chemical pollution of surface waters must take into account the provisions of Article 16 of WFD 2000/60 / EC "Strategies against water pollution", in particular in paragraph 1.2.6 of Annex V "Surface water status" emphasizes " obtain data on the acute and chronic effects of chemical pollution of surface waters on the representatives of the "basic set of taxa" - algae, crustaceans and fish.
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SUDINI, Luh Putu, Anak Agung Gede RAKA, and Tutut HERAWAN. "Strict Liability Principle Application in the Management of Straits Marine Pollution for International Navigation according to the Indonesia Sea Convention Law." Journal of Environmental Management and Tourism 11, no. 7 (November 30, 2020): 1601. http://dx.doi.org/10.14505//jemt.v11.7(47).01.
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Congested crossings going vessels in the strait used for international navigation such as the Malacca Strait, allowing the serious pollution of the sea water in the strait. How does the application of the principle of strict liability in the management of marine pollution in the Straits used for international navigation under the Convention on Law of the Sea 1982 in Indonesia? This research is a normative law, the main approach in legislation (statute approach), with the source material through the law library research. Indonesia has ratified the Convention on the Law of the Sea 1982 through Law no. 17 In 1985 the Indonesian government should establish laws that regulate a legal product on the management of marine pollution in particular in the straits used for international shipping considering Indonesia as an archipelago crowded waters traversed by large foreign ships in an easy and highly probable do pollution at sea. The application of the principle of strict liability is appropriate and relevant use in marine pollution liability for damages in the Straits used for international shipping as Idi Indonesian waters in the Strait of Malacca and the weapon system of archipelagic sea-groove Indonesia because Indonesia as favorable to the State Island Countries. compensated by the mean absolute responsibility, obligations to pay compensation to the beach arises immediately upon the oil spill in the sea without regard to guilt or innocence tanker or ship traffic in the Strait of Malacca done by using the right of transit passage and responsibility for compensation is associated with a number of limited liability or the ceiling or ceiling system.
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Bally, J. "Recent development in the field of international liability regimes to tackle environmental risks." Water Science and Technology 52, no. 6 (September 1, 2005): 51–57. http://dx.doi.org/10.2166/wst.2005.0150.
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The polluter-pays principle requires States to take any actions that may be necessary to ensure that polluters bear the full environmental and social costs of their activities. One step to implement this principle is the development of regulations on environmental Civil Liability. The adoption of the UN-ECE Protocol on Civil Liability and Compensation for Damage caused by the Transboundary Effects of Industrial Accidents on Transboundary Waters (Kiev Protocol) in May 2003 was the result of a three-year negotiation process undertaken in the aftermath of the Baia Mare accident in Romania. The accident caused transboundary water pollution in the downstream countries Hungary and Yugoslavia. Owing to the absence of applicable liability rules, no compensation was ever paid for the damage caused by the pollution. The Cartagena Protocol on Biosafety mandates the Parties to establish rules and procedures in the field of liability and redress. Here there is likely to be a longer negotiation process before an agreed regime on liability and redress for damage arising from the use of living modified organisms (LMOs) becomes available, owing to the complexity and the particularities of gene technology.
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Ghaly, Tamer M., Khaled H. Abdel Rahman, Noha S. Donia, and Hoda I. Helal. "CIVIL LIABILITY FOR DAMAGES RESULTING FROM POLLUTION OF THE NILE RIVER WATER AND THE MEDITERRANEAN SEA AN APPLIED STUDY." Journal of Environmental Science 51, no. 8 (August 1, 2022): 173–209. http://dx.doi.org/10.21608/jes.2022.148093.1274.
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Movchan, Roman, Andrii Vozniuk, Maria Burak, Vitalii Areshonkov, and Dmitriy Kamensky. "Criminal law counteraction to land pollution in the EU countries: searching for the optimal model." Revista Amazonia Investiga 10, no. 42 (July 30, 2021): 15–23. http://dx.doi.org/10.34069/ai/2021.42.06.2.
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The main goal of the article is to study both advantages and disadvantages of the approaches of the European Union (EU) states to criminal law prevention of land pollution. As a result of this an optimal legislative model should be developed to protect this element of the environment from criminal encroachment, which can be further used by the EU states in improving existing or creating new rules aimed at criminal law protection of land resources from pollution or the creation of new rules aimed at criminal law protection of land resources from pollution. The following research methods have been used to study criminal law provisions of the selected countries, to prove the stated hypotheses and to formulate conclusions: comparative law, system analysis, formal-logical, dialectical and modeling method. As a result of the study of various models of criminal law protection of land resources embodied in the legislation of nineteen European Union states, it has been proved that: 1) such protection should be carried out by a single universal rule on criminal liability for pollution not only of land but also of other components of the environment (water, air, forest); 2) only such land pollution shall be considered criminal, which has led to real (non-potential) damage to the environment, human health or property damage; 3) liability for land pollution should be differentiated depending on: a) weather guilty person’s act was intentional or negligent; b) what the consequences of land pollution have been.
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Mauseth, Gary S., and Frank G. Csulak. "Damage Assessment and Restoration Following the JULIE N Oil Spill: A Case Study." International Oil Spill Conference Proceedings 2003, no. 1 (April 1, 2003): 409–12. http://dx.doi.org/10.7901/2169-3358-2003-1-409.
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ABSTRACT On September 27, 1996, the T/V JULIE N inbound with a cargo of 8.8 million gallons of #2 fuel oil struck the Million Dollar Bridge, spanning Portland Harbor between Portland and South Portland, Maine. The incident resulted in a spill of approximately 180,000 gallons of oil, which spread throughout a large area of Portland Harbor. The marine and coastal resources of Portland Harbor and the Fore River, including water resources, shellfish, wetlands, sediments, and birds were exposed and/or injured by the oil. The spill also had an adverse impact on several different public use services. The natural resource trustee agencies (including the State of Maine, NOAA, and the Department of the Interior) and Amity Products Carriers, Inc. (Responsible Party, RP) conducted a cooperative natural resource damage assessment to assess and restore natural resources exposed and/or injured by the spill. The trustees and RP operated under an initial verbal agreement to cooperate until a written agreement was executed over a year after the incident. The cooperative process and lessons learned are described in the paper. Particularly positive components included cooperative data collection and active collaboration on study design and endpoints. The trustees expended $782,860 in assessment costs. The RP expended an additional $169,101 in cooperative laboratory and field investigations, as well as $364,720 in consultant costs. The total assessment costs were $1,316,681. The trustees and the RP were then able to successfully negotiate a $1 million dollar settlement for the purpose of planning, implementing, and overseeing selected restoration projects. These projects included reducing the discharge of PAH's into the Fore River, wetland and bird habitat restoration, and construction of a recreational trail along the Fore River. The RP sought compensation from the Oil Spill Liability Trust Fund under the limitation of liability provisions of the Oil Pollution Act of 1990. Compensation included expenses beyond statutory liability for response, NRDA assessment, and damages to natural resources among others.
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Thuring, Allen R. "Oil Spill Response Under the NCP and the NRF/Stafford Act - Incompatible Regimes?" International Oil Spill Conference Proceedings 2014, no. 1 (May 1, 2014): 1050–58. http://dx.doi.org/10.7901/2169-3358-2014.1.1050.
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ABSTRACT This paper examines oil pollution response during disaster situations when the Stafford Act is invoked by the President and the National Response Framework provides funding under ESF-10. The interrelationship between the National Contingency Plan (NCP), created by various pollution statues (Clean Water Act/CWA, Comprehensive Environmental Response, Compensation, and Liability/CERCLA, Oil Pollution Act/OPA) and the National Response Framework (NRF), created to deal with declared disasters under the Stafford Act, is becoming more fractious as time passes and the financial scope of disasters grows. The paradigm that existed when Hurricane Katrina made landfall in 2005 was not in evidence when Hurricanes Isaac and Sandy made landfall in the fall of 2012. The NCP envisions oil and chemical spill response in the context of a single spill, ideally with a known responsible party (RP), who takes action to respond to the spill. That RP is liable for costs and damages resulting from the spill. Action commences when the spill occurs and the Federal On-Scene Coordinator (FOSC) determines that federal action is required. If the federal funds (Oil Spill Liability Trust Fund/OSLTF, CERCLA/SUPERFUND) are used, the federal government seeks cost recovery afterwards. The NRF envisions the federal government acting like a “no-fault insurance” regime, providing federal resources/funds to states when their capabilities are overwhelmed and their citizens require immediate succor. FEMA action commences when the State requests and the President approves aid. The states agree to a cost share – not to exceed 25% of Federal funding. There is no private party liability when actions are complete. The Homeland Security Act established the NRF, and operationally subsumes the NCP under it. However, the Homeland Security Act does not address what fund (Stafford or the pollution funds) will be used when a declared disaster occurs. Furthermore, the Stafford Act structure (State requests, Presidential approvals, Federal Emergency Management Agency Federal Coordinating Officer (FEMA FCO) appointment, area surveys, mission assignments) becomes sclerotic in a large incident when compared to the much more nimble NCP process (spill, FOSC decision, immediate funding). The effect for Coast Guard (CG) and Environmental Protection Agency (EPA) field responders is to lean forward with NCP processes to protect the public. FEMA, faced with dwindling resources, observes this tendency and declines to provide disaster funding when the other federal funds “can be used”. The paper proposes a new paradigm for the “Makris-Suiter” Agreement of 1998 between EPA and FEMA. The opinions stated in this paper are the author's alone, and do not reflect the official policies of the United States Coast Guard.
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Anisimov, A. P., Yu I. Isakova, and G. S. Pratsko. "Theory and Practice of Legal Liability for Environmental Offences: A Regional Aspect." Legal Order and Legal Values 2, no. 1 (March 27, 2024): 26–38. http://dx.doi.org/10.23947/2949-1843-2024-2-1-26-38.
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Introduction. The XXI century is becoming not only an era of great discoveries and achievements, but also a time of extreme anthropogenic pressure the humans have on the various ecosystems. Alongside, the condition of all the natural components of the environment (water, forests, lands, air, etc.) deteriorates, which affects the human life and health, food quality, working and resting conditions. As soon as the state and society became aware about the danger of this trend, the various legal acts regulating the negative impact of the humans on the nature and containing a mechanism of ensuring the ecological rights of a person and a citizen began to be adopted. One of such ensuring mechanisms is the environmental liability institution, which envisages the liability of the environmental law breakers to be subject to the certain measures of the state coercion (of personal, property or organisational nature). The present article studies the efficiency of this mechanism. The aim of the paper is to investigate the general theory of legal liability for environmental offences, to express the authors' point of view on the debatable issues of improving the regulation thereof, as well as to demonstrate the dynamics of the environmental liability at the regional scale (in three Caspian regions). Materials and Methods. The research was carried out using the methods of scientific cognition commonly applied in Russia: general scientific (dialectical method) and specific scientific methods (analysis, synthesis, historical case-specific, logical, comparative legal, systemic methods and others). Results. Within the research the theory and practice of legal liability for environmental offences (in the frame of the criminal, administrative, civil laws) have been analysed. The authors have substantiated their point of view on the main debatable issues in the frame of each type of legal liability, expressed a number of critical comments regarding the concept of independent environmental liability, implying reparation of environmental damage. Cases of judicial practice for the regional level environmental offenses (in three Caspian regions of the Russian Federation — the Astrakhan region, theRepublics of Dagestan and Kalmykia) have been presented, the identified trends have been assessed. Discussion and Conclusion. The conducted research is important for the Russian legal science, since the efficiency of functioning the environmental liability institution is a condition for achieving the sustainable development goals and transition to the green economy, however its current state arises a number of doctrinal and practical issues. Among them could be distinguished: the insufficient activity of the Russian Federation subjects in development of the administrative liability sub-institution for the environmental offences, on-going problem of differentiation between the administrative and criminal liability, high latency of the environmental crimes, inefficient work of the law-enforcement authorities, insufficient elaboration of the issues of environmental damage reparation (e.g., harm to the health of citizens, compensation for the moral damage caused by the environmental offense, etc.). The study of judicial practice of three Caspian regions made it possible to conclude that within their boundaries there is no distinct specificity that would differ them completely from the other subjects of the Russian Federation having access to the sea or located in the large river basins. The same as in the other regions, the cases of soil, water and air pollution; poaching; the nature reserve protection regime violations; negligence of the owners towards the sunken vessels; restricted access to the shores of water bodies, etc. are quite widespread here. In these regions the specificity of liability lies not in the statistics of the separate offenses, but in the need to combat the environmental offences at the scale of the whole Caspian Sea, which requires coordination and political will of the Governments of all five littoral states (Russia, Kazakhstan, Turkmenistan, Azerbaijan and Iran).
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Finley, J. Heather Warner, James G. Hanifen, Pasquale F. Roscigno, Karolien Debusschere, Maura J. Newell, Brian E. Julius, and Johannes von Beek. "A COOPERATIVE DAMAGE ASSESSMENT: LESSONS FROM THE GREENHILL SPILL1." International Oil Spill Conference Proceedings 1995, no. 1 (February 1, 1995): 355–58. http://dx.doi.org/10.7901/2169-3358-1995-1-355.
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ABSTRACT Following a September 1992 natural gas and oil well blowout in Timbalier Bay, Louisiana, natural resource trustees took action under the Oil Pollution Act of 1990 (OPA), Clean Water Act (CWA), and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to restore the natural resources injured by the spill. Trustees appointed by the State of Louisiana and the U.S. Government worked cooperatively with the well owner, Greenhill Petroleum Corporation, in a natural resource damage assessment (NRDA). The resolution of the Greenhill NRDA marks an early success for all parties involved. The process was concluded in December 1993, only 14 months after the spill, when Greenhill and the trustees signed a natural resource restoration agreement. The cooperative assessment and innovative approaches used by the trustees and the well owner resulted in the rapid resolution of the case, rapid environmental restoration, and relatively low assessment costs.
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Savchuk, O., and V. Butenko. "LEGAL REGULATION OF CRIMINAL LIABILITY FOR CRIMES AGAINS THE ENVIRONMENT." Archives of Criminology and Forensic Sciences 3 (October 3, 2021): 89–95. http://dx.doi.org/10.32353/acfs.3.2021.09.
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The article analyzes the current legislation of Ukraine in the field of criminal liability crimes against the environment. The paper analyzes the current legislation of Ukraine in the field of criminal liability for crimes against the environment. Special attention is paid to the importance of enhancing criminal liability to ensure provided by the Constitution of Ukraine as a fundamental law and guarantor of constitutional rights and freedoms of a person and citizen, for the crimes against the environment and to compensate for the damage caused by the violation of this right.
Research methods were general scientific and (dialectical, systematic), and special scientific methods. The use of dialectical method allowed to determine the general state and research prospects of issues on legal regulation of criminal liability for crimes against the environment. The systematic method was used in the process of studying the system of legislation in the outlined issue. Regarding the special method, the formal legal method was chosen, according to which the analysis of the current legislation of acts of Ukraine in the field of criminal liability for committing crimes in the field of the environment is carried out.
Today, one of the global problems is climate change due to increasing industrial pollution (excessive concentration of environmentally hazardous industries, outdated and inefficient environmental equipment, unreliable technical systems and lack of qualified personnel in enterprises with high environmental risk), a significant number of vehicles, that do not meet environmental standards, and other factors that pollute the environment.
All of these are significant threats to the global economy and international security due to increased direct and indirect risks related to energy security, food and drinking water supply, stable ecosystems, and risks to human health and life.
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Bock, LTJG Edward L., and Dennis J. McCarthy. "CLEANUP OF THE ABANDONED BUNKER BARGES1." International Oil Spill Conference Proceedings 1997, no. 1 (April 1, 1997): 383–88. http://dx.doi.org/10.7901/2169-3358-1997-1-383.
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ABSTRACT An estimated 1300 abandoned vessels are decaying on U.S. waterways. An unknown number of these vessels contain oil or hazardous substances and pose a substantial threat of discharge into the environment. Historically, the Coast Guard has responded to environmentally harmful oil and hazardous material spills from abandoned vessels after they occur, sometimes spending millions of unrecoverable dollars in cleanup and disposal costs. The Federal Water Pollution Control Act as amended gives the Coast Guard jurisdiction to mitigate a “substantial threat of discharge” of oil or hazardous substances into the water. Responding to a substantial threat of discharge prevents environmental damage, reduces the number of medium or major spills, and costs substantially less than large shoreline or open water cleanups. Recently, Coast Guard Marine Safety Office (MSO) Hampton Roads initiated the first federal removal action in response to a substantial threat posed by abandoned barges; the Oil Spill Liability Trust Fund was used to remove 691,000 gallons of oily waste and to clean and render gas-free the abandoned tank barges Bunker Delaware, Bunker 1000, and VTL-1.
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ILCHENKO, S. V., and V. О. DIAKOV. "COMPARATIVE ANALYSIS OF THE DYNAMICS OF DEVELOPMENT OF INSURANCE IN THE SPHERE OF WATER TRANSPORT: UKRAINIAN PRACTICE AND FOREIGN EXPERIENCE." Economic innovations 24, no. 2(83) (June 20, 2022): 66–77. http://dx.doi.org/10.31520/ei.2022.24.2(83).66-77.
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Topicality. Water transport is an important part of the infrastructure of the transport system of any country that has access to the sea or inland waterways and the ability of the country to participate in international trade and transport goods abroad. There is a certain water dependence, which is determined by the geographical access of countries to maritime and inland waterways, since access to them is one of the key factors in attracting world capital. By means of water transport in Ukraine, one third of all cargoes in the field of water transport are annually transported by inland waterways, among which are mainly construction cargo, grain, metal products, chemical products. However, when transporting goods, there are certain risks that require insurance when using water transport. Therefore, it is important in the current conditions of the policy of resource saving and greening of water transport activities to conduct research on the economic aspects of water transport insurance, in particular insurance of risks arising from the use of sea and inland waterways of Ukraine, during the conduct of economic activities by water transport enterprises require a separate study for the merits of favorable economic conditions for international cooperation, harmonization of the economic qualities of the foreign policy of states, increasing the efficiency of domestic insurance, etc.Aim and tasks. The purpose of the article is to conduct a comparative analysis of Ukrainian practice and foreign experience in the dynamics of the development of insurance in the field of water transport.Research results. The current insurance international and domestic organizations consider the issues of insurance in the field of water transport and taking into account climatic, economic, political, environmental, informational, innovative and other factors that improve the conditions under which insurance takes place: ships as property against any adverse events that protect the ship, taking into account the furniture and objects of the vessel; liability under which the ship is insured in the event of an accident, collision or any attack that may result in loss or damage; cargo, in which expenses are compensated for the loss or damage to the cargo of the shipping company from the insurance company. Based on the statistical and analytical data of international organizations, it has been determined that the greatest demandin terms of insurance premiums is for cargo and property insurance services of shipping companies among the countries of Europe and the Asia-Pacific region. The materials of the National Commission, which carries out state regulation in the field of financial services markets, whose functions in the field of insurance have been distributed to the National Bank of Ukraine since July 1, 2020, have been analyzed; water transport, provided for by the legislation of Ukraine. Based on the use of methods of retrospective and statistical analysis, detailing and comparison, an analysis of the main indicators of voluntary insurance was carried out: in the field of water transport of Ukraine (marine inland and other types of water transport), which determined the positive recovery dynamics of the development of this type of insurance with a simultaneous increase in net insurance premiums ; liability of water transport owners (including the liability of the carrier), according to which the annual loss of consumers is determined, which is mainly due to the reduction in the number of water transport vehicles and its high wear and tear, which, in turn, makes it impossible to accept the corresponding risks and insurance; cargo and luggage (cargo luggage), which has a significant positive development dynamics and is the largest type of insurance in terms of gross receipts of insurance payments and is in significant demand among water transport entities.Conclusion. Based on the analysis of foreign experience, it was determined that, in general, the global marine insurance market has positive trends, which is mainly due to the increase in the premium base and significantly low claims in 2020, as well as the gradual recovery of the economies of countries after the first consequences of the pandemic. An analysis of Ukrainian practice made it possible to establish the dynamics of the development of insurance in the field of water transport, the absence and receipt of insurance payments (premiums, contributions), and, accordingly, insurance payments for compulsory types of insurance in the field of water transport, provided for by domestic legislation. However, in the field of voluntary insurance, based on the number of contracts, the volume of insurance payments and payments, cargo and luggage insurance (cargo luggage) is in greatest demand. Also, agreements are made on insurance of water transport (marine inland and other types of water transport) and liability insurance of water transport owners (including the liability of the carrier). The studies carried out made it possible to determine the need to improve the regulatory framework for the development of insurance on inland waterways in order to protect and preserve the environment, as well as to minimize pollution risks and impose liability on insurance companies.
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Haddad, Robert, and Brian D. Israel. "Natural Resource Damage Assessments: Is Cooperation a Good Thing?" International Oil Spill Conference Proceedings 2017, no. 1 (May 1, 2017): 3091–111. http://dx.doi.org/10.7901/2169-3358-2017.1.3091.
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Abstract It has been nearly 55 years since the United States enacted the Clean Water Act (CWA) in which natural resource damages (NRD) were codified.1 The NRD cause of action, originally derived from the public trust doctrine and common law, was later integrated into the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) in 1980 and into the Oil Pollution Act (OPA) in 1990. In response to the establishment of CERCLA and OPA, the U.S. Department of the Interior (DOI) was charged with developing and promulgating NRD regulations under CERCLA while the National Oceanic and Atmospheric Administration (NOAA) was charged to do so under OPA. Originally, DOI’s approach to assessing NRD under CERCLA emphasized monetary compensation, as this was a simple common denominator. Later, under OPA, NOAA’s regulations allowed NRD to be determined by, and compensated with, an ecological currency, e.g., using a Habitat or Resource Equivalency Approach (HEA2, REA3). This focus on putting restoration front and center in NRD assessments (NRDAs)4 was ultimately integrated into the DOI regulations in 2008. A critical and evolving aspect of NRDAs has been the concept of cooperation between the responsible party (RP) and the trustees in undertaking the NRDA (e.g., Israel 2006a; Connor and Gouguet 2005; Reinharz et al. 2005). This approach, supported by NOAA and others, is an effective means to identify and resolve legal uncertainties through stipulations and create working relationships that effectively focus on assessment resolution and restoration implementation; the ultimate outcome being a more rapid path to restoration and a significant decrease in litigation and other transactional costs. Over the past decade, the benefits of cooperative assessments have been questioned. It has been suggested that cooperative NRDAs do little to move the process forward in a timely manner. It has been further implied that cooperation equates to RPs paying up front for the cost of the assessment while the trustees conduct the assessment. In truth, both perspectives are correct, the reality being that cooperation means different things to different people. In this paper, we examine the historical underpinnings of the NRDA regulations, how this led to the development of the cooperative, restoration-based NRDA process, and the pros and cons of the cooperative NRDA process. We identify some of the inherent political, technical, cultural, and legal challenges with the cooperative NRDA paradigm as well as some of the benefits. Finally, we discuss the advantages and disadvantages of cooperation in the context of future NRDA cases, with an eye towards identification of specific processes that may help better understand or predict if cooperation is the best path forward for resolution of NRD liability.
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Stowe, Cynthia, and Richard McMillen. "Innovative Recovery of Nonfloating Oils, Upham Beach, Florida." International Oil Spill Conference Proceedings 2001, no. 1 (March 1, 2001): 585–90. http://dx.doi.org/10.7901/2169-3358-2001-1-585.
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ABSTRACT Marine Safety Office (MSO) Tampa, in cooperation with the U.S. Army Corps of Engineers, conducted a unique and innovative oil recovery operation involving the removal of submerged and buried oil. Leveraging into an existing federally funded beach renourishment project as the primary means of oil recovery not only minimized costs, but also significantly reduced the waste stream. This is the first time such a dual-purpose operation has been conducted. Throughout the course of the recovery operation, innovative recovery techniques were developed, such as the creation of a 1,000 foot by 500 foot retention pond that was located on the beach and was constructed entirely of sand. This pond, which is typical of a construction site, receives and controls runoff water. In this case, the pond received all of the dredged material including the oil, which was collected and vacuumed off the pond. The use of a weir box outfall allowed for the easy removal of the large amount of water that was deposited with the dredged material. This project was initiated when the Corps of Engineers uncovered pockets of submerged oil during a beach renourishment project. The oil was linked to a major spill occurring in 1993 where a Natural Resource Damage Assessment (NRDA) was signed recently. Because of this agreement, no Responsible Party could be named under the Oil Pollution Act of 1990 (OPA 90), and all oil removal costs were born by the Oil Spill Liability Trust Fund (OSLTF).
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Brans, Edward H. P. "Liability for Damage to Public Natural Resources under the 2004 EC Environmental Liability Directive: Standing and Assessment of Damages." Environmental Law Review 7, no. 2 (June 2005): 90–109. http://dx.doi.org/10.1177/146145290500700202.
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This article focuses on the April 2004 EC Directive on Environmental Liability (Directive 2004/35/CE). It examines its measure of damages, its framework for assessing damages and its provisions regarding the issue of standing. Comparisons will regularly be made with the United States Oil Pollution Act of 1990, its natural resource damage regulations and its provisions on locus standi. Finally, a comparison is made with international civil liability conventions that cover damage to natural resources. The goal of the analysis is to show that the Directive's rules on assessing damages are inspired by the natural resource damage regulations of the US Oil Pollution Act, and secondly, to show that there is a difference between the measure of damages in the international civil liability conventions and the new Directive. *
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Jeong, Young-min and SangChan Kim. "Civil Liability for Damages Caused by Light Pollution." 법과정책 24, no. 2 (August 2018): 325–55. http://dx.doi.org/10.36727/jjlpr.24.2.201808.012.
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So,Jae-Seon and 이창규. "The Liability for Environmental Pollution Damages to Nanomaterials." Dankook Law Riview 36, no. 1 (June 2012): 671–708. http://dx.doi.org/10.17252/dlr.2012.36.1.024.
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Gearty, Conor. "The Place of Private Nuisance in a Modern Law of Torts." Cambridge Law Journal 48, no. 2 (July 1989): 214–42. http://dx.doi.org/10.1017/s000819730010529x.
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It is forty years since Professor Newark wrote despairingly of nuisance that “the subject as commonly taught comprises a mass of material which proves so intractable to definition and analysis that it immediately betrays its mongrel origins.” The “truest dictum in the books” was that of Erle C.J., who had once said in answer to the question, what is a nuisance?, that it was “immersed in undefined uncertainty.” Little has changed since 1949. Public and private nuisance still face life together in the textbooks, the universities and the law reports, despite the convincing evidence all round, much of it gathered in Newark's article, that they have little in common except the accident of sharing the same name. Making hoax bomb calls, obstructing the highway and holding a badly organised pop festival are as vulnerable to a public nuisance action as are the more traditional occurrences of special damage from atmospheric, water and noise pollution. Private nuisance has, if anything, become even more confused and confusing. Its chapter lies neglected in the standard works, little changed over the years, its modest message overwhelmed by the excitements to be found elsewhere in tort. Any sense of direction which may have existed in the old days is long gone. The action now encompasses not only smelly oil depots, noisy speedboats and the like but also dangerous natural hazards on the land and the only slightly less natural “user of premises for prostitution and the perambulations of the prostitutes and their customers.” Sometimes negligence is essential to liability, sometimes it is quite irrelevant.
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Bongaerts, Jan C., and Aline F. M. de Bièvre. "Insurance for Civil Liability for Marine Oil Pollution Damages." Geneva Papers on Risk and Insurance - Issues and Practice 12, no. 2 (April 1987): 145–57. http://dx.doi.org/10.1057/gpp.1987.11.
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Lutman, Karmen, and Lucija Strojan. "State liability for health damage caused by excessive air pollution: Constitutinal and Private Law aspects." Journal of Agricultural and Environmental Law = Agrár- és Környezetjog 18, no. 34 (June 11, 2023): 31–51. http://dx.doi.org/10.21029/jael.2023.34.31.
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Air pollution severely damages human health and causes premature deaths. In order to fight against it, the European Commission initiated a revision of the Ambient Air Quality Directives aiming to improve the quality of outdoor air and to reach the Zero Pollution goal. However, the CJEU is already facing requests for a preliminary ruling dealing with state liability for health damage caused by excessive air pollution. The old common law maxim <The King does no wrong= according to which a citizen may not seek redress from the government for wrongs committedmby the latter has long been surpassed. The institution of state liability is thus a widely recognised concept. The paper analyses the main features of state liability for health damage caused by polluted air and its boundaries. It focuses on the recent development of EU law in this regard and the established case law of the ECtHR. Since the right to a healthy living environment is recognised by several constitutions across the world, including Slovenia, the paper deals also with the Slovenian case law on state liability for damages caused by air and noise pollution from road and rail transport.
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Shahin Alizada, Tahmina. "P&I INSURANCE COVER: INSURANCE OF OIL POLLUTION RISKS IN MARITIME LAW." ANCIENT LAND 04, no. 02 (April 21, 2021): 21–23. http://dx.doi.org/10.36719/2706-6185/04/21-23.
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This article attempts to analyze the insurance of pollution risks in maritime activities. The article mainly focuses on oil pollution. This article also discusses the importance of shipowner insurance for the coverage of damages caused by pollution, focusing on shipowner's liability insurance. The shipowner's liability insurance is the basis of the oil pollution compensatory system, the role of insurance in creating a regime that provides adequate compensation to oil pollution victims and reduces the number of oil pollution incidents. The study briefly discusses the P&I Insurance, CLC Convention, and other regulatory documents in the context of oil pollution. Key words: P&I clubs, "strict liability", "compulsory insurance", maritime adventure, oil pollution, CLC
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Jurkowska-Gomułka, Agata. "How to Throw the Baby out with the Bath Water. A Few Remarks on the Currently Accepted Scope of Civil Liability for Antitrust Damages." Yearbook of Antitrust and Regulatory Studies 8, no. 12 (2015): 61–77. http://dx.doi.org/10.7172/1689-9024.yars.2015.8.12.3.
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The Damages Directive introduces the right to ‘full compensation’ and the principle of ‘joint and several liability’ for antitrust damages (Article 3(1) and Article 11(1) respectively). The Directive does not determine the type of damage that can be awarded in civil proceedings. In theory, there are thus no barriers to establish punitive, multiple or other damages. In practice, it is rather unlikely that such types of damages will be awarded after the implementation of the Directive due to the ban placed on overcompensation in its Article 2(3). This paper will try to decode the concept of ‘full compensation’ and ‘joint and several liability’ in light of the Damages Directive as well as EU jurisprudence. An adequate understanding of these terms is without a doubt one of the key preconditions of correctly implementing the Directive and, consequently, a condition for making EU (competition) law effective. While on the one hand, a limitation of the personal scope of civil liability can currently be observed in EU law (covering both legislation and case law), a broadening of its subject-matter scope is visible on the other hand. With reference to the personal scope of civil liability, the Directive itself limits the applicability of the joint and several responsibility principle towards certain categories of infringers: small & medium enterprises (Article 11(2)) and immunity recipients in leniency (Article 11(3)). Considering the subject-matter scope of civil liability, the acceptance by the Court of Justice of civil liability for the ‘price umbrella effect’ should be highlighted. In addition, the principle of the ‘passing-on defence’ can also be regarded as a manner of broadening the scope of civil liability for antitrust damage (Article 12–16). The paper will present an overview of the scope of civil liability for antitrust damages (in its personal and subject-matter dimension) in light of the Directive and EU jurisprudence. The paper’s goal is to assess if the applicable scope will in fact guarantee the effective development of private competition law enforcement in EU Member States. This assessment, as the very title of this paper suggests, will be partially critical.
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Van Tan, Pham. "Compulsory civil liability insurance, financial security: An integral component of compensation for ship-source oil pollution damage." International Journal of Maritime History 33, no. 2 (May 2021): 435–41. http://dx.doi.org/10.1177/08438714211017067.
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Oil pollution damage caused by oil spills at sea generally occurs on a large scale across numerous regions and countries, causing significant harm to marine ecosystems as well as worldwide economic loss. The costs are so severe in many instances that the owner of the ship responsible for the pollution cannot afford to pay compensation to those who have suffered loss. As a consequence, the need to cover oil pollution damages has given rise to compulsory liability insurance, which provides a financial guarantee against the costs of oil spills. Compulsory civil liability insurance has therefore become an indispensable part of the liability regime for owners of oil tankers and bunkers.
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KimHyungJoon. "Criminal Liability of Water Pollution Crimes." CHUNG_ANG LAW REVIEW 13, no. 4 (December 2011): 393–422. http://dx.doi.org/10.21759/caulaw.2011.13.4.393.
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Jackson, Karl. "Water pollution-criminal and civil liability." Journal of the Society of Dyers and Colourists 110, no. 4 (October 22, 2008): 134–35. http://dx.doi.org/10.1111/j.1478-4408.1994.tb01625.x.
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Wu, Chao, and Nigel Carden. "OIL SPILLS AND FINANCIAL RESPONSIBILITIES1." International Oil Spill Conference Proceedings 2001, no. 2 (March 1, 2001): 1337–40. http://dx.doi.org/10.7901/2169-3358-2001-2-1337.
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ABSTRACT Under the international convention system for oil spill liability and compensation, shipowners and oil cargo owners are sharing the costs of oil pollution (cleanup and damages). While the industries find the burden of financial liability too heavy, the compensation provided through the Conventions (Civil Liability Conventions and Fund Conventions [CLCs/FCs]) has become increasingly insufficient to satisfy the total admissible claims. What has to be done? Increase the financial liability of the responsible parties? Let the victims of pollution shoulder part of their uncompensated claims alone? Neither can be fairly accepted. This paper will discuss a solution based on the theory of risk-profit, upon which the current Conventions (CLCs/FCs) are founded. In this regard, the paper also will compare the Conventions with a domestic regime—the U.S. Oil Pollution Act of 1990.
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Holt, Mary G., and Lindy S. Johnson. "OIL POLLUTION ACT OF 1990: CURE, CATALYST, OR CATASTROPHE1." International Oil Spill Conference Proceedings 1995, no. 1 (February 1, 1995): 713–17. http://dx.doi.org/10.7901/2169-3358-1995-1-713.
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ABSTRACT Congress departed from the international community to unilaterally enact comprehensive oil spill legislation, the Oil Pollution Act of 1990 (OPA). OPA legislates in several areas not covered by the international liability scheme for oil spills, including requirements for double-hull vessels, manning standards for foreign vessels, vessel response plans, and detailed and extensive provisions for liability for natural resource damages. Thus, it clearly provides better protection for the U.S. marine environment than would the international liability scheme. While OPA has encouraged the international community to take certain steps to provide greater protection, significant differences remain between OPA and the applicable international rules and standards. Protection of the marine environment on a global scale would be increased if the United States and the international community could bridge these differences.
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Shumilo, O. M. "PROSPECTS OF DETERMINING THE INTERNATIONAL CRIMINAL COURT JURISDICTION REGARDING ECOCIDE." Actual problems of native jurisprudence 5, no. 5 (October 2021): 106–12. http://dx.doi.org/10.15421/392207.
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The article analyzes the possibilities and the need to determine the jurisdiction of the International Criminal Court on ecocide. The paper considers the essence and core features of ecocide as a crime against humanity under international criminal and environmental law. The author has examined the legislation of the countries that either distinguish this crime or include it in the structure of other crimes. The paper also highlights the conventions prohibiting the use of methods or means of warfare that intend to cause or actually cause severe long-term damage to the environment. The definition of the ecocide, which is no longer connected only to armed hostilities, has been provided according to the findings from a group of international experts. The constituent elements of this definition have been analyzed, namely: needless, severe, widespread, long-term and environment. Emphasis has been placed on the fact that there is a problem with the existing definition of ecocide in the Rome Statute, which links this crime exclusively to the conduct of hostilities. At this point, it would be more reasonable to connect it to the activities of the state, which is not necessarily aimed at achieving military superiority. Therefore, the next step would be to develop a rule on international criminal liability for environmental damage, regardless of the fact of hostilities. It has been stressed that according to national practice, in recent years, law enforcement agencies have initiated a remarkable number of criminal proceedings under Art. 441 of the Criminal Code of Ukraine (ecocide), but failed to bring them to justice due to the shortcomings of the legislation. The blanket character of this norm presupposes the obligation to define the concept of 'environmental catastrophe'. The paper further elaborated on an example of a particular criminal proceeding under investigation of the Security Service of Ukraine. The suspicion was based on the reference to Art. 441 of the Criminal Code of Ukraine and on the facts of air pollution and poisoning of air, water resources and soil, which could lead to an environmental catastrophe. It has been concluded that determining the jurisdiction of the International Criminal Court on ecocide in peacetime will save the planet from destruction.
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Gunasekara, A. J. M. "The best way to the protection of the marine environment from oil spills impacts is the strengthening of available oil spill liability and compensation regimes or the funding of oil spill preparedness and strengthening of oil spill combat capabilities." International Oil Spill Conference Proceedings 2017, no. 1 (May 1, 2017): 2017108. http://dx.doi.org/10.7901/2169-3358-2017.1.000108.
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The total volume of oil spilled and the number of spills has declined significantly over the past forty years. However, oil spills are no longer considered as an unavoidable. The ship source oil pollution still remains a potentially important risk to the local economies and the marine environment which can cause major economic loss and severe damages to the coastal and marine environment. The international regulatory framework to deal with liability and compensation in the event of ship source oil pollution has evolved over the past three decades. The available international legal regime for oil pollution liability and compensation is playing a great role in governing a discharge of oil into the sea by ensuring liability for polluters and compensation for victims of pollution. Despite the fact that the total cost of the oil spill cannot be compensated through the available international civil liability regime and entire damages caused to the marine environment cannot be compensated or recovered. This paper examined the application and limitations of available liability and compensation mechanism for the protection marine pollution and compare the benefit of the establishment of a funding mechanism for the strengthening of the level of oil spill preparedness and the civil liability regime for the protection of the coastal and marine environment. In addition, this paper reviews the funding mechanism adopted by the countries to the strengthening the level of oil spill preparedness taken into account the polluter pays principle without a putting extra burden for the general taxpayers. The establishment of a system for the funding of oil spill preparedness using the polluter pay principle has immensely helped to improve the oil spill response capabilities and protection of the marine environment of coastal states which adopted a unique funding mechanism by applying the polluter pay principle. This paper recommends the among other thing review the available compensation and liability regime for the protection of the marine environment and recommend to adopt and apply a uniform funding mechanism for the strengthening of the level of oil spill preparedness taken into account the polluter pay principle for the protection of the marine environment and improve the status quo.
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Goldsmith, Barbara J., Tara K. Waikem, and Tara Franey. "Environmental Damage Liability Regimes Concerning Oil Spills - A Global Review and Comparison." International Oil Spill Conference Proceedings 2014, no. 1 (May 1, 2014): 2172–92. http://dx.doi.org/10.7901/2169-3358-2014.1.2172.
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ABSTRACT Recently, there have been a number of key developments related to oil spill-related liability worldwide. These developments include: the recent expansion of damages under the European Union Environmental Liability Directive to all marine water; proposed changes to the Canadian offshore oil legislation that would allow for the specific recovery of environmental damages; implementation of US legislation which directs recovered funds from an oil spill to be used in the affected area; and more. This paper will identify and describe the various environmental liability regimes in different regions of the world which contain requirements for the restoration of natural resources affected by these incidents. The paper also will highlight similarities and differences among these regimes, as well as some of the synergies in actual practice. In addition, and to the extent possible, the paper will provide some of the lessons learned and best practices relative to the determining environmental damage liability under the different regimes.
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Sundaram, Jae. "OFFSHORE OIL POLLUTION DAMAGE: IN PURSUIT OF A UNIFORM INTERNATIONAL CIVIL LIABILITY REGIME." Denning Law Journal 28 (November 15, 2016): 66–108. http://dx.doi.org/10.5750/dlj.v28i0.1277.
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A significant amount of marine oil pollution is vessel-source with another being non-vessel-source originating from offshore oil platform operations. The world has witnessed a number of oil spill disasters since the 1950s including the Deepwater Horizon incident in the United States, the Montara Wellhead Platform in Australia and the continuing oil spill incidents in the Niger Delta, Nigeria. Technological advances mean that offshore operators now venture further out from coastlines to explore for, and exploit hydrocarbon reserves, thus increasing the crude oil output, and also the possibility of oil pollution incidents from offshore platforms. The International Convention on Civil Liability for Oil Pollution 1969 and the International Convention on the Establishment of an International Fund for Oil Pollution Damage 1971 were developed under the leadership of the International Maritime Organization in response to the increasing incidents of vessel-source oil pollution of the marine environment. Since the entry into force of these Conventions the membership has increased and the incidents of vessel-source oil pollution reduced. Efforts made by the Comité Maritime International (CMI), as early as in 1977, to develop a uniform civil liability convention for claims arising from offshore operations did not come to fruition, and very little progress has been made in finding a solution. Currently, there is no uniform international civil liability regime in place for oil pollution compensation claims arising for damages caused by offshore operations. This article explores the reasons behind the lack of a coherent legal framework to process civil liability claims arising from offshore oil spill incidents, especially when a comprehensive international regulation exists to govern vessel-source and other related forms of marine oil pollution. It argues that the lack of leadership to find a solution is proving to be highly damaging and that there is a strong case and an urgent need to establish a uniform international offshore oil spill liability regime. The article looks at existing regimes, both regional and national, as a way forward to develop an international regime for oil pollution compensation for damages arising from offshore activities.
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Hopkins, C. A. "OCCUPIERS’ LIABILITY: UNHEEDED WARNINGS." Cambridge Law Journal 61, no. 3 (December 11, 2002): 499–544. http://dx.doi.org/10.1017/s000819730231170x.
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Is there a difference between the duty of care owed by an occupier to a trespasser under the Occupiers’ Liability Act 1984 and that owed to a lawful visitor under the Occupiers’ Liability Act 1957, as far as personal injuries are concerned? Not really, in the light of Tomlinson v. Congleton Borough Council [2002] EWCA Civ 309, where the Court of Appeal (Ward and Sedley L.JJ., Longmore L.J. dissenting) held the defendant Council liable for spinal injuries sustained by an 18-year-old who dived into the Council’s lake, having seen one or more notices reading “DANGEROUS WATER: NO SWIMMING”, and hit his head on the bottom. His damages were reduced by two-thirds for contributory negligence.
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Sevinç Kuyucu, Aslıhan. "Legal perspective on ship-related marine pollution." Aquatic Research 7, no. 1 (2024): 30–38. http://dx.doi.org/10.3153/ar24004.
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The number of factors that cause marine pollution is quite high. The wastes of cities located on the coasts or near the sea, wastes of industrial facilities, trashes left to the sea by people and other wastes are included in this content. Another important factor causing marine pollution is ships. The wastes caused by the operation of the ships at sea and the oil and derivatives used on the ship or other harmful substances that are released into the sea from the ships can cause marine pollution seriously. The provisions to be applied to marine pollution are determined according to the pollutant causing marine pollution and the type of the ship. In our law, liability arising from pollution caused by pollutants other than petroleum and its derivatives is basically regulated in the Law No. 5312 “The Principles of Emergency Intervention and Compensation for Damages in Pollution of the Marine Environment with Petroleum and Other Harmful Substances”. Türkiye is also a party to two international conventions on pollution caused by oil and its derivatives. These contracts are the “The International Convention on Civil Liability for Oil Pollution Damage” and “The International Convention on Civil Liability for Bunker Oil Pollution Damage”. On the other hand, the Environmental Act is also applied for liability arising from marine pollution in cases that do not fall within the scope of appƒlication of the enumerated legislation. The marine pollution can be prevented by virtue of the deterrent effect of the regulations on legal liability arising from the pollution of the sea originating from ships.
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Talbot, Kasey, and Jeff Dauzat. "Hurricane Isaac Post-Storm Response1." International Oil Spill Conference Proceedings 2014, no. 1 (May 1, 2014): 2253–59. http://dx.doi.org/10.7901/2169-3358-2014.1.2253.
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ABSTRACT Hurricane Isaac made landfall on August 29, 2012 over Louisiana, lingering overhead for more than 60 hours. While most were concerned with surviving the 80+ mph winds and ensuing storm surge and floods, Coast Guard members statewide knew there would be no calm after the storm; instead it would be a grueling fight to restore the port to normalcy. The slow moving storm caused grounded deep draft vessels and barges, spilled oil, releases of hazardous materials (HAZMAT), and damage to various buildings and infrastructures. U.S. Coast Guard Sector New Orleans integrated local, states, and federal agencies into a Unified Command structure to coordinate limited resources post-storm. Within Sector New Orleans, the Incident Management Division (IMD) made it their primary mission to mitigate any substantial threats of oil discharges or HAZMAT releases and ensure proper cleanup. On September 2, 2012, IMD utilized the Incident Command System (ICS) to establish a Marine Environmental Response (MER) Incident Management Team (IMT) to achieve their post storm mission. The MER IMT consisted of 200 personnel, of which 60 were Coast Guard members, and included representatives from the National Strike Force, U.S. Environmental Protection Agency (EPA), U.S. Fish and Wildlife Service (USFWS), National Oceanic and Atmospheric Administration (NOAA), Louisiana Department of Environmental Quality (LDEQ), Louisiana Oil Spill Coordinator's Office (LOSCO), Louisiana Department of Wildlife and Fisheries (LDWF), and three Oil Spill Removal Organizations (OSROs); together the team collected 4500 barrels of oily water and 1200 HAZMAT containers, deployed over 11,000 feet of containment boom, and federalized three pollution projects. The MER IMT was disestablished on September 28, 2012 leaving Sector New Orleans IMD to maintain complete management of the ongoing federalized projects, “Fantome”, “Map Drilling”, and “Gulf South”. The projects included oil discharges in adjacent waterways of two oil production/storage facilities, oil discharges from fixed facility barges, and oil discharges from a storage platform along the marsh shoreline. Sector New Orleans executed $9.5 million in Oil Spill Liability Trust Funds towards emergency response efforts and successfully restored safety to the public health, welfare, environment, and maritime community.
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최미수. "A Study on the Carrier and Shipper`s Liability for Oil Pollution Damages." KOREA INTERNATIONAL COMMERCIAL REVIEW 23, no. 3 (September 2008): 71–85. http://dx.doi.org/10.18104/kaic.23.3.200809.71.
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Betlem, Gerrit. "Strict Environmental Liability and NGO Damages and Enforcement Claims: A Dutch and International Law Perspective." European Energy and Environmental Law Review 10, Issue 11 (November 1, 2001): 314–21. http://dx.doi.org/10.54648/392301.
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The European Commission's 2000 White Paper on Environmental Liability identifies two main functions for civil liability in the context of environmental protection. In addition to compensation for damage to the environment, civil liability is perceived as a tool for the enforcement of EC (public) environmental law. Private actors at the national level are considered to carry out watchdog functions in addition to the Commission at Community level. One way in which non-governmental organisations (NGOs) involved with environmental protection have been recognised by both Dutch and international law is by entitling them to claim the costs of pollution prevention measures. This possibility is included in the definition of compensable loss rather than as a separate remedy explicitly made available to NGOs. Insofar as enforcement actions are concerned, a Dutch case against the State is examined in order to identify the legal issues relevant to successful enforcement actions at national level. This case is an illustration of the role NGOs can play in using civil liability actions in the context of environmental law. Notable here is what form of injunctive relief is available under Dutch law against the State. The possibilities of ordering the State to comply with a duty to implement a directive are considered.
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Hobbie, Richard H., and Andrew J. Garger. "TERRORISM, OIL SPILLS AND CRIMINAL SANCTIONS: THE HAMMER AND THE ANVIL." International Oil Spill Conference Proceedings 2005, no. 1 (May 1, 2005): 949–52. http://dx.doi.org/10.7901/2169-3358-2005-1-949.
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ABSTRACT The Water Quality Insurance Syndicate has offices in lower Manhattan in New York City, and the events of September 11th remain vivid. However, in its aftermath it was difficult to envision the broad reaching ripple effects resulting from the event. Among the effects is the clash of two major issues: the increasing use of criminal sanctions in reaction to spills of oil and hazardous substances, and the practical and emotional consequences of both possible and actual terrorist events. For the past several years, the responsible party and its insurer have faced the use of criminal sanctions when a spill occurs. Criminal sanctions are typically used to combat intentional environmental misconduct. In the realm of oil spills, common actions may include the deliberate dumping of oil and negligence or unintentional conduct leading to a spill. In the post 9–11 United States, the first question presented at an oil spill is not how much oil has been spilled, but rather was the spill caused by an act of terrorism?. Government officials may treat the location of an oil spill as a crime scene, which will transform and complicate a pollution event. A recent explosion on a gasoline barge at an oil and gas storage facility in Staten Island, New York illustrates the point. A leading national newspaper devoted the first five paragraphs of its lead story on the explosion to a discussion of whether or not there was a terrorist attack Was the clean up of that spill hampered because of the terrorism investigation? We will probably never know, because the gasoline that escaped from the barge quickly evaporated so the cleanup was minimal. The next spill, however, might be a crude oil spill where every minute in response time counts. While the shipowner is trying to minimize the spill, the F.B.I, might have already taken control of the spill scene to conduct an investigation and effectively locked out the spill responders and their equipment, greatly increasing the cost and complexity of the cleanup, the environmental damage that is done, and the possibility that the shipowner's actions are found to be insufficient, increasing the possibility of criminal sanctions. The threat of terrorism is real. But we must now work to integrate our response to the terrorism threat to our existing spill response infrastructure that has been developed under OPA, and not unnecessarily increase a shipowner's exposure to criminal liability.
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Li, Yingying. "The Dilemma and Countermeasures of Public Interest Litigation of Marine Environmental Pollution in China." Sustainability 14, no. 21 (November 3, 2022): 14415. http://dx.doi.org/10.3390/su142114415.
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Cases of marine environmental pollution (MEP), such as condensate leakage in the Sanchi case, not only directly infringe on private personal health and property rights, but also cause serious damage to the marine ecological environment. This paper analyzes dozens of MEP cases and summarizes the typical rights, interests, and remedies under Chinese law. Traditional tort liability legislation remedies the problem of infringement of private interests by environmental torts through compensation and punitive damages but it cannot reverse the damage to the marine ecological environment. Traditional civil legislation is built on the basis of rights and interests regarding damages and relief. MEP infringes on a wide range of citizens’ environmental rights and should be addressed by the environmental public interest litigation (EPIL), which is an important way to protect citizens’ environmental rights. This paper analyzes the legal interests, relief measures, and limitations of the existing EPIL legislation that is applicable to MEP cases under Chinese law, so as to make corresponding legislative suggestions.
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Tysoe, Susan. "Corporate liability for water pollution offences in England and Wales." Commonwealth Law Bulletin 19, no. 4 (October 1993): 1998–2002. http://dx.doi.org/10.1080/03050718.1993.9986347.
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Sheehan, Daniel F. "OPA 90 AND THE INTERNATIONAL REGIMES CONCERNING OIL POLLUTION LIABILITY AND COMPENSATION: ARE THEY SO FAR APART, MUST THEY REMAIN SO?1." International Oil Spill Conference Proceedings 1995, no. 1 (February 1, 1995): 261–64. http://dx.doi.org/10.7901/2169-3358-1995-1-261.
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ABSTRACT The Oil Pollution Act of 1990 (OPA 90) set a new course for the United States with respect to oil spill liability and compensation. For 15 years preceding the passage of OPA 90, the United States sought to become party to the international regimes. A 1984 international conference was held at the request of the United States, to modify provisions of existing conventions. Passage of OPA 90 rejected those efforts and implemented a more comprehensive and farther reaching regime. Structurally, the regimes are similar, yet they are far apart with respect to key issues of levels of liability, ease with which those limits may be broken, and scope and extent of compensable damages. The issue examined is whether they must remain so far apart and whether there is a mechanism to bring them back together.
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Vighi, M. "Ecotoxicological Contribution for the Economic Evaluation of Water Pollution Control Strategies." Water Science and Technology 25, no. 11 (June 1, 1992): 457–64. http://dx.doi.org/10.2166/wst.1992.0326.
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A strategy for the control of environmental pollution should be based on three fundamental steps: a- assessment of the environmental aspects of the problem (exposure to pollutant chemicals, damages to man and the environment, etc ); b- economic evaluation (costs and benefits from chemical usage, evaluation of damages, etc ); c- institutional aspects (adoption of environmental standards, regulations, etc. ). Thus, an efficient collaboration between environmental and social sciences is of paramount importance in environmental decision making. To reach this objective it is essential to know exactly what kind of information can be produced by each science. In this paper an integrated ecotoxicological approach, able to produce descriptive as well predictive results, is presented. Its application to an exercise of collaboration between ecotoxicology and socio-economical sciences is discussed. From this point of view, the case history of herbicide contamination of groundwater in Italy is described.
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Wu, Chun You, Lan Lan, Feng Ding, and Xu Zhao. "Analysis on the Development of China’s Environmental Logistics." Applied Mechanics and Materials 740 (March 2015): 922–25. http://dx.doi.org/10.4028/www.scientific.net/amm.740.922.
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Traditional logistics brings damages to the environment, such as climate change, air pollution, water pollution, etc. Environmental logistics concerned more about improving the environmental sustainability compared to the traditional one. We find that it will help China to optimize the whole logistics system and minimize the damages caused by transportation, storage. And thus China will make new progress in logistics management, environmental protection and sustainable development.
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Du, Qun. "Developments in Water Pollution Law and Policy in China: Effective Enough to Cope with Water Pollution Conflict?" International Journal of Rural Law and Policy, no. 1 (October 25, 2011): 1–15. http://dx.doi.org/10.5130/ijrlp.i1.2011.2599.
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Water pollution is one of the most serious environmental issues facing China. In 2005, an exceptionally serious water pollution accident in the Songhua River — caused by an unintended and sudden chemicals explosion — heralded an official recognition of a water pollution crisis in China. Although there have been new initiatives in national law and policy concerning water pollution that attempt to respond to issues of: social conflict caused by water pollution; government accountability; liability of polluting entities; and citizens’ rights in cases of water pollution, the challenges for the rule of environmental law in effectively reducing water pollution accidents and resolving water pollution conflict still exist. There is an urgent need to strengthen compliance and enforcement. This paper discusses the issues of water pollution conflict and the possible resolutions offered through law and policy.
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Drašković, Bojana, and Olga Perović. "Significance of the "pollutant pays" principle and the analysis of the European framework for a civil liability for damages caused by activities dangerous to the environment." Pravo - teorija i praksa 38, no. 4 (2021): 160–74. http://dx.doi.org/10.5937/ptp2104160d.
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The right to a healthy environment is an absolute priority of the modern society. A specific economic instrument aimed at protecting the environment at a global level is the compensation for environmental pollution, based on a principle of environmental protection called "pollutant pays". The essence of a civil liability for environmental damage is that potential pollutants should adjust their activities to the requirement of causing minimal changes in the environment and reducing the risk of damage to a minimum. In addition to the significance and characteristics of the "pollutant pays" principle, the paper presents the provisions of the Act on Environmental Protection. There is also included an analysis of the provisions of the Convention on civil liability for damage caused by environmental hazards, and the provisions of the Environmental Liability Directive related to the protection and elimination of environmental damage.
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Noussia, Kyriaki. "Global Offshore Energy Installations: Implications for Environmental Pollution Liability Insurance in Relation to Major Oil Spill Incidents." European Energy and Environmental Law Review 32, Issue 2 (March 1, 2023): 100–111. http://dx.doi.org/10.54648/eelr2023005.
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Post the Deepwater Horizon (DWH) incident, offshore energy insurance underwriters reassessed their risk exposures in response to newly perceived operational risks involving blowouts, fires, explosions, lost control of well and other non-hurricane risks. Already in the aftermath of the DWH incident, it has been noted that it would be crucial to consider the willingness of the global offshore energy insurance market to participate in efforts to establish and fix a new liability limit for environmental pollution liability insurance. In relation to the approach followed by the USA administrations, this has been fragmented, with the current administration in office introducing a moratorium on new oil and gas leasing on federal lands and waters and in terms of its policy relating to its climate agenda. Against this background, this article describes the insurance implications of environmental pollution liability in case of offshore drilling operations incidents (such as the DWH) resulting in major oil spills. In doing so it discusses in detail the legal framework and the position in the EU and draws a comparison with other jurisdictions. It also contains proposals for future measures so as to be able to offer better insurance coverage for such offshore drilling disasters, such as the introduction and collection of data on damages, or an EU wide and an international agreement especially focusing on offshore-related incidents with a transboundary character, as well as a mechanism to facilitate early compensation payments to potentially vulnerable victims.
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Basile, Adriana, Sergio Sorbo, Marco Lentini, Barbara Conte, and Sergio Esposito. "Water pollution causes ultrastructural and functional damages in Pellia neesiana (Gottsche) Limpr." Journal of Trace Elements in Medicine and Biology 43 (September 2017): 80–86. http://dx.doi.org/10.1016/j.jtemb.2016.11.014.
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Das, Sukanya, MN Murty, and Kavita Sardana. "Using Economic Instruments to Fix the Liability of Polluters in India." Ecology, Economy and Society–the INSEE Journal 4, no. 2 (July 31, 2021): 45–64. http://dx.doi.org/10.37773/ees.v4i2.363.
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This review paper highlights the informational requirements for the effective use of environmental policy instruments to achieve ambient standards of pollution in India. A section on the Integrated Urban Air Pollution Assessment Model is attempted to identify data requirements for, and information gaps associated with, using these instruments. We review the available information and identify informational gaps that thwart the realization of ambient standards of environmental quality. In India, command-and-control instruments are arbitrarily used to assign liability without taking cognizance of economic estimates. The available cost–benefit estimates of air and water pollution, combined with air quality modelling for urban areas and water quality modelling, are essential inputs for using environmental policy instruments to ensure compliance with ambient standards. We discuss how to use economic estimates while designing and using economic instruments such as pollution taxes and pollution permits, in addition to command and control.
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FERNANDEZ, LINDA. "Wastewater pollution abatement across an international border." Environment and Development Economics 14, no. 1 (February 2009): 67–88. http://dx.doi.org/10.1017/s1355770x08004543.
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ABSTRACTA differential game model is developed to compare incentives for wastewater pollution abatement of upstream and downstream countries under cooperative and noncooperative strategies. The Tijuana River is the empirical setting of water flow from south (Mexico) to north (US) where pollution stock accumulates. Asymmetry between the upstream and downstream countries for costs, damages, and emissions influences incentives to abate pollution. Cost minimization is achieved as the US can finance pollution abatement in Mexico. Game sharing rules (Shapley value, Chander–Tulkens rule, Helsinki rule, egalitarian rule) are analyzed. Financial transfers from two North American Free Trade Agreement (NAFTA) institutions are examined. In most cases of cooperation, transfer payments are positive from downstream to upstream for reductions in flow and stock of pollution. Transfer size varies according to the rule and sensitivity analysis of changes in abatement costs and damages. The two institutions follow a variation of the Helsinki rule.
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Khrushch, Olena, Viktor Moskalets, Oksana Fedyk, Yuliya Karpiuk, Myroslava Hasiuk, Nataliia Ivantsev, Liudmyla Ivantsev, and Hasrat Arjjumend. "Environmental and Psychological Effects of Russian War in Ukraine." Grassroots Journal of Natural Resources 6, no. 1 (April 3, 2023): 37–84. http://dx.doi.org/10.33002/nr2581.6853.060103.
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Russia invasion on Ukraine has extensive and unprecedented negative impacts on natural environment and human life. Since saving human lives and protecting nuclear establishments are a priority, the environmental destruction has even not been assessed fully. Russian war imposed on Ukraine has, no doubt, caused serious negative consequences on Ukrainian people and rest of the planet Earth. A massive damage to industrial and civil infrastructure has contaminated soil, water and food sources, which are hazardous not only for human but also for the ecosystem health. In addition to the devastating environmental effects, Ukrainian citizens are facing triple psychological problems: as human, as environmental repercussions, and as their national identity. Based on limited literature, this paper has compiled and reviewed the environmental consequences and psychological effects of Russian war in Ukraine in two interdependent parts: (a) Environmental Damages from Russian War in Ukraine, and (b) Psychological Injuries from Environmental Damage. The environmental damages covered include industries and chemical pollution, shelling-generated fires, pollution and waste from military vehicles, pollution by weapons and missiles, refugees-caused emissions, nuclear pollution, loss of water bodies, and damages to wildlife, biodiversity, ecosystems, to fuel and associated infrastructure, to mining operations, to ambient air quality, and to urban infrastructure. Based on narrative review of literature, this paper addresses the psychological effects of environmental pollution or damages caused by Russian war. Foremost psychological symptom of the war appears in the form of fear and uncertainty followed by direct threats to peoples’ lives. Various stressors contribute to anxiety, panic, mild or severe depression, insomnia, post-traumatic stress disorder (PTSD) and other stress-related disorders that severely affect public health.
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Jamshidi, Shervin, and Anahita Naderi. "A quantitative approach on environment-food nexus: integrated modeling and indices for cumulative impact assessment of farm management practices." PeerJ 11 (January 30, 2023): e14816. http://dx.doi.org/10.7717/peerj.14816.
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Background Best management practices (BMPs) are promising solutions that can partially control pollution discharged from farmlands. These strategies, like fertilizer reduction and using filter strips, mainly control nutrient (N and P) pollution loads in basins. However, they have secondary impacts on nutrition production and ecosystem. This study develops a method to evaluate the cumulative environmental impacts of BMPs. It also introduces and calculates food’s environmental footprint (FEF) for accounting the total environmental damages per nutrition production. Methods This study combines the soil and water assessment tool (SWAT) for basin simulation with the indices of ReCiPe, a life cycle impact assessment (LCIA) method. By these means, the effectiveness of BMPs on pollution loads, production yields, and water footprints (WFs) are evaluated and converted as equivalent environmental damages. This method was verified in Zrebar Lake, western Iran. Here, water consumption, as WFs, and eutrophication are the main indices that are converted into equivalent health and ecological impairments. Two methods, entropy and environmental performance index (EPI), are used for weighting normalized endpoints in last step. Results Results showed that using 25–50% less fertilizer and water for irrigation combined with vegetated filter strips reduce N and P pollution about 34–60% and 8–21%, respectively. These can decrease ecosystem damages by 5–9% and health risks by 7–14%. Here, freshwater eutrophication is a more critical damage in ecosystem. However, using less fertilizer adversely reduces total nutrition production by 1.7–3.7%. It means that BMPs can decline total ecological damages and health risks, which threatens nutrition production. FEF presents a tool to solve this dilemma about the sustainability of BMPs. In the study area, a 4–9% decrease in FEF means that BMPs are more environmental friendly than nutrition menacing. Finally, this study concludes that SWAT-ReCiPe with FEF provides a quantitative framework for environment-food nexus assessment. However, due to the uncertainties, this method is recommended as a tool for comparing management strategies instead of reporting certain values.