International |
International Convention for the Prevention of Pollution from Ships |
International conventions designed to minimize pollution of the seas, including dumping, oil, and exhaust pollution |
Managing marine pollution from ships |
Specified lists of chemicals with effects thresholds |
1 |
International |
United Nations Environment Programme Liability Guidelines |
Minimum guidelines on which national legislation or policies could be based and which would require tailoring to specific national circumstances |
Response action and compensation for damage caused by activities dangerous to the environment, taking into account the “polluter pays” principle |
Voluntary, meant to serve as a starting point from which national policies could be drafted |
55 |
United States |
Comprehensive Environmental Response Compensation and Liability Act (CERCLA), as amended, and Oil Pollution Act (OPA) |
Statutory basis for cleaning up hazardous waste sites and oil spills and conducting natural resource–damage assessments |
Anywhere hazardous waste or oil is illegally released; establishes liability for injury to, destruction of, loss of, or loss of use of natural resources |
Blends science-based assessment with legal and economics-based claims for response, remediation, and restoration/rehabilitation |
2, 56
|
United States |
National Oil and Hazardous Substances Contingency Plan, OPA |
Legislation covering contaminated “Superfund” sites and natural resource–damage assessment restoration activities |
Guides all response and remedial activities |
Umbrella authority document for actions under CERCLA and OPA |
3, 56
|
European Union |
Directive on Liability to Prevent and Remedy Environmental Damage (European Liability Directive [ELD]) |
The main objective of ELD is to prevent and remedy “environmental damage”; this is defined as damage to protected species and natural habitats (nature), damage to water, and damage to land (soil) |
Parties who carry out certain dangerous activities are strictly liable (without fault) for environmental damage |
Requires economic valuation of environmental damage and the different types of remediation and damage to protected species and natural habitats |
6 |
Australia |
Environmental Protection and Biodiversity Conservation Act |
Overarching Commonwealth Government Act; state governments also have legislation, e.g., New South Wales Protection of the Environment Administration Act |
Derivation of guidelines for water-quality management; climate change factored into some natural resource management |
Numeric guidelines for water and sediment quality, biological monitoring guidance |
57 |
New Zealand |
Hazardous substances and New Organisms Act |
Designation of specific hazardous substances and risk assessment related to their use |
Setting of environmental limits on selected substances; |
Product registration and environmental assessment processes |
58 |
Canada |
Canadian Environmental Protection Act (CEPA) |
CEPA's purpose is to regulate the behavior of entities in order to promote public safety, protect the environment, and contribute to sustainable development through pollution protection |
CEPA also allows the federal and/or provincial governments to sue polluters for the cost of cleanups |
Civil liability sections, which are rarely successful; Canada does tend to look to legal precedent rather than legislation |
59 |