The duty to prevent environmental damage in the environmental liability directive; a catalyst for halting the deterioration of water and wildlife

Abstract

Many articles have commented on the duty to remediate environmental damage imposed by the Environmental Liability Directive (ELD). Few—if any—articles, however, have commented on the duty to prevent environmental damage imposed by it. This article begins to fill that gap by commenting on the duty to prevent damage to species and habitats protected by the Birds and Habitats Directives and damage to surface water under the Water Framework Directive. The article illustrates the duty to prevent environmental damage by its application to two cases; one concerning a direct application of the duty; the other concerning an indirect application. The article concludes that the duty to prevent environmental damage under the ELD is a powerful catalyst that can trigger protective measures under the Birds, Habitats and Water Framework Directives.