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Environmental Liability and Ecological Damage in European Law

The notion of environmental damage is a rather recent development in tort law on both a national and an international level. Constant degradation of environmental goods, such as air, water and wildlife, by emissions and old dumpsites and spectacular industrial accidents causing pollution created a new awareness by the public of the environment. National legislation and new international treaties show that tort liability is attributed an increasing role in the protection of the environment by decision-makers. The most recent example is EC Directive 2004/35/EC on Environmental Liability with Regard to the Prevention and Remedying of Environmental Damage (OJ L 143, p. 56, 30 April 2004). The Directive, however, provides for.