Development of Environmental Liability Directive

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Development of Environmental Liability Directive (ELD) Guidance in Ireland

Environmental Protection Agency

RPS has written a Guidance Document for the Irish EPA on the Environmental Liability Directive 2004/35/CE (ELD).

This Directive reinforces the "polluter pays principle" – requiring complementary and compensatory remediation if primary remediation cannot restore environmental damage to baseline conditions. The Directive imposes strict liability on all major industrial, waste management and energy-producing activities that have environmental pollution permits or licences – and includes a mandatory requirement to take preventive action if there is an imminent threat of environmental damage.

RPS reviewed guidance developed in other European Member States and developed practical guidance specific to Ireland. The guidance incorporates a strong risk management focus to prevent environmental damage, which is – a primary objective of the Directive.

Our expertise in ecology, water management and contaminated land combined with a proven track record in developing practical policy and guidance documents for the EPA was critical in delivering high quality guidance for the EPA.