Valuing environmental damage remediation and liability using value estimates for ecosystem services

The European Environmental Liability Directive aims to ensure that damaged habitats are restored where possible, but allows for complementary remediation with replacement habitat where restoration is not possible within a reasonable time. It also allows for compensatory remediation of the resource based on an assessment of environmental values in cases where there are interim social losses. This paper concurs with the argument that physical remediation without consideration of social values can fail to be equivalent to the resource that has been lost. Using, as a case study, a river in Ireland, it demonstrates that estimating social value can be challenging in practice, noting also differences between the value of environmental gains and losses. The paper argues that estimates of final ecosystem service values, including wastewater treatment costs, can provide a measure of social value and makes a case for the systematic collection of these data to inform decision-making.