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date: 26 August 2019

Abstract and Keywords

This chapter examines models of regulation for historical pollution of sites. It begins with an overview of the various challenges involved in a comparative study of the rules regarding the clean-up of contaminated sites, in part due to the existence of a huge variety of global approaches to the question of contamination as well as the patchwork and complex response. This chapter addresses these challenges by analysing not only the technical and design-based points of comparison, but also the normative premises upon which such design decisions are based. It considers various elements of regulatory ‘models’ for contaminated sites, emphasizing the importance of having a unified aim which underpins every regulatory regime. It also outlines three parameters that need to be assessed to get a sense of the different models for legal responses to polluted sites: the definition of harm/pollution/contamination, liability, and models and goal of remediation.

Keywords: environmental law, pollution and contaminated land, remediation

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