Environmental Damage Act
| Basic data | |
|---|---|
| Title: | Law on the prevention and restoration of environmental damage |
| Short title: | Environmental Damage Act |
| Abbreviation: | USchadG |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Special administrative law , environmental law |
| References : | 2129-47 |
| Issued on: | May 10, 2007 ( BGBl. I p. 666 ) |
| Entry into force on: | November 14, 2007 |
| Last change by: |
Art. 4 G of August 4, 2016 ( Federal Law Gazette I, p. 1972, 1975 ) |
| Effective date of the last change: |
February 11, 2017 (Art. 5 G of August 4, 2016) |
| GESTA : | N009 |
| Please note the note on the applicable legal version. | |
The Environmental Damage Act (USchadG) - the "Law on the Avoidance and Remediation of Environmental Damage " - is used to implement the EU Environmental Liability Directive 2004/35 / EG into German law. According to the resolution of the EU Parliament , the implementation of the EU Environmental Liability Directive into national law of the EU member states should have taken place by April 30, 2007. However, the Environmental Damage Act did not come into force until November 14, 2007 and provides for retroactive liability for damage caused between April 30 and November 14.
With the Environmental Damage Act, uniform requirements for the remediation of accident-related environmental damage - especially ecological damage - are formulated for the first time . The implementation of the EC Environmental Liability Directive in national law is a challenge because it includes a new public liability concept for damage to:
- of biodiversity
- Waters
- the floor
literature
- Malte Petersen: Environmental Damage Act. Comment. (= Heymann's pocket comments). 1st edition. Heymanns Verlag, Cologne 2011, ISBN 978-3-452-27435-9 .
- Bernd Söhnlein, Andreas Lukas: Practical Guide to Environmental Damage Law. (= Law of nature. Special issue 68). 1st edition. IDUR, Frankfurt 2013, DNB 1041651635 .
- Erich Gassner, Hans-Joachim Schemel: Environmental Damage Act. Presentation. (= Municipal and School Publishing House Wiesbaden). 3rd edition 2016, ISBN 978-3-8293-1250-9
