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| The European Union Directive on environmental liability with regard to the prevention and remedying of environmental damage (the Directive) was adopted by the European Parliament on 21 April 2004. The Directive makes Member States responsible for ensuring that “damage to water, land and biodiversity is either prevented, by taking appropriate measures in cases of imminent threats, or effectively remedied by restoring the previous condition if the damage has already been done”. By 30 April 2007, Member States were required to “bring into force the laws, regulations and administrative provisions necessary to comply with the Directive.” The EU ELD embodies concepts similar to the natural resource damage (NRD) regime under United States (US) laws, and many of the lessons learned in NRD practice in the US will be valuable as the EU Member States implement their legislation. Associated policies of the EU, including the Water Directive, the Habitats Directive, the Daughter Directive on Groundwater, the new proposal for the Soils Directive, and others will influence the application of the ELD in individual Member States and the EU as a whole. |
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