Uncharted Interplay and Troubled Implementation: Managing Hydropower’s Environmental Impacts under the EU Water Framework and Environmental Liability Directives

Abstract

Abstract The wide-ranging adverse changes caused by hydropower in freshwater ecosystems call for implementing environmental responsibility on the part of the hydropower sector. This article analyses the interplay between the two key EU legal instruments in this respect: the revision of out-dated hydropower permits required under the EU Water Framework Directive and operator liability for water damage under the Environmental Liability Directive. To complement this analysis, the article provides a concrete example of the two directives’ combined framework, or at least its multiple implementation challenges, using the specific case of one Member State; Finland. The article concludes that, although the two instruments have the potential to offer a rather powerful framework for environmental responsibility, realising this policy aspiration may be seriously undermined by problems in implementation. The insights presented call attention to the applicable means on both national as well as EU levels to rectify the situation.