Legal expert roasts EU green liability plans

Lawyer accuses Commission of "distortion"; urges dismantling of large parts of directive

The EU's draft environmental liability directive is largely unnecessary, fails the principles of subsidiarity and proportionality, and will not achieve its stated aims or do so only at disproportionate cost, a Brussels-based environmental lawyer claims in an outspoken report.

Adding insult to injury, Lucas Bergkamp accuses the European Commission of distorting facts to justify its proposals. He warns that the EU risks repeating America's expensive and litigation-ridden "Superfund" experience and recommends a raft of changes to dramatically narrow the directive's scope.

Please sign in to access this article. To subscribe, view our subscription options, or take out a free trial.

Please enter your details

Forgotten password?

Having trouble signing in?

Contact Customer Support at
or call 020 8267 8120

Not a subscriber?

Take a free trial now to discover the critical insights and updates our coverage offers subscribers.