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Abstract
The adoption of the EU Environmental Liability Directive (Directive 2004/35/EC) ("ELD") was fraught with controversy. The controversy was perhaps not surprising given that the Commission estimates the ELD will cost around 1.5 billion to implement2 and that it represents one of the EU's most far-reaching environmental policies adopted to date. This article provides an overview of the key concepts of the ELD, and then considers the status of implementation of the ELD and some of the differences in approach to implementation in respect of some of the key concepts that have so far arisen in the UK, France, Germany and Spain.