Legal aspects of soil pollution and decontamination in the EU Member States and the United States

Book abstract:

This book is part of a series, the IUS Commune Europaeum Series, in which the common foundations of the legal systems of the Member States of the European Community are the central focus. Each chapter covers the legal aspects of soil pollution and decontamination in one member state and the United States, with the exception of Greece and Ireland. The main aim of the chapters is to give a general insight: they are not intended to be exhaustive contributions on every aspect of this area of environmental law, but a foundation for further research and discussion.

The main items of each contribution cover the following: first, a general introduction, indicating the legal framework of general and specific legislation concerning soil protection, soil pollution and soil decontamination. There is also data relating to the extent of the problem. Second, there is a description of the administrative law aspects of soil decontamination, with a special focus on concepts, identification of polluted soil, registration of polluted soil, decontamination and administrative control and enforcement instruments. Third, the chapters look at the civil law liability aspects, including property, tort and contract law and insurance guarantees for the decontamination operations. Fourth, there is an indication of the penal law aspects of soil decontamination, summing up the sanctions against non-compliance with legislative provisions. Finally, a summary and conclusion looks at recent and future developments. In the final chapter, the editors draw comparisons between the different countries covered.

The book should prove useful for both further academic study and practitioners in public administration and law firms.