Environmental liability: soil and water damage under Spanish Law 26/2007

Law 26/2007 on Environmental Liability

Law 26/2007 transposes Directive 2004/35/EC on environmental liability. It establishes strict liability for operators of Annex III activities (hazardous activities).

Types of environmental damage

• Water damage: surface, groundwater and coastal waters
• Land damage: contamination posing human health risk
• Species and habitat damage: protected under the Natura 2000 network

Remediation measures

1. Primary remediation: restore the damaged resource to its baseline state
2. Complementary remediation: compensate losses until baseline is restored
3. Compensatory remediation: compensate interim losses during recovery

Lexiel assists operators in environmental liability proceedings and negotiation of remediation measures with regional authorities.