Mid Sweden University

The contribution concerns Directives of the European Union related to environmental liability and the restoration of environmental damages caused by Fiber Banks in Swedish coastal waters. Fiberbanks and fiber-rich sediments are legacies of the previously unregulated wastewater discharge from the pulp and paper industry. Large quantities of this toxic waste material have accumulated in the Baltic Sea floor and on the bottom of rivers and lakes. The Environmental Liability Directive, the Habitats Directive and the Birds Directive of the EU addresses the liability against and restoration of damages of soil, water and biological diversity. The contribution aims to identify – based on the first results of an ongoing project -the potential to establish a liability for restoration measures also for cases of ongoing damages even if the discharges have been lawfully emitted prior to the release of these Directives. An in-depth literature review is applied as well as hermeneutic methods, such as comparative legal analyses and different types of text interpretation (e.g. historic, wording, rational).

The results show the kind of scientific evidence that exists for negative causal effects by Fiber Banks on soil, water and biological diversity respectively. Furthermore, the legal framework as well as the related judgement at EU-level will be presented which are relevant to establish the duty to restore and the liability of particular stakeholders to do so. Finally, first answers to questions about the level of evidence required to establish causality of negative effects by Fiber Banks as well as to questions about the burden of proof in such procedures will be presented.

The first results on this ongoing project show based on Swedish costal Fiber Banks the high potential of the interplay among the three Directives to effectively mitigate even past and ongoing environmental damages that have their origin in a time prior to the entering into force of these Directives. Such an institutional interplay can provide a blueprint for other restoration activities beyond the case study presented, in wider EU and globally. The presentation has its focus on SDG 16 as it particular guides SDG 16.3. “16.3 Promote the rule of law at the national and international levels and ensure equal access to justice for all” as well as 15.5 “Take urgent and significant action to reduce the degradation of natural habitats, halt the loss of biodiversity and, by 2020, protect and prevent the extinction of threatened species”. It relates to the conference topic through its call for liability for and restoration of environmental damages that have been caused by past human culture of ignoring nature.