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.
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