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Professor Valerie Fogleman

Professor Valerie Fogleman

Professor of Law

School of Law and Politics

Email
foglemanvm@cardiff.ac.uk
Telephone
+44(0)1483 401 226
Campuses
3.44, Law Building, Museum Avenue, Cardiff, CF10 3AX

Overview

Valerie has taught and practised environmental and insurance law for over 35 years, both in the US (where she lived for 23 years) and the UK. Her specialisms are environmental liabilities, environmental insurance, and approaches to halt the loss of biodiversity.

Valerie has written three books and co-authored and contributed to others as well as writing over 100 articles on environmental law. She has also authored and co-authored several reports on the Environmental Liabililty Directive (ELD) and other environmental liabilities for the European Commission. Her recent projects include a study for the Commission on financial security in the context of the ELD. She is currently carrying out another project for the Commission on faciiltating enforcement of the ELD by competent authorities. 

Valerie is also a Consultant at Stevens & Bolton LLP.  She is also an active member of the Environmental Justice Research Unit, a collaborative initiative between Law and Politics researchers at Cardiff University. 

Biography

Valerie joined Cardiff University School of Law in September 2007.

She was previously Natural Resources Law Fellow at Lewis and Clark College, Portland, Oregon (1987-1987); Teaching Fellow at the University of Illinois College of Law, Champaign, Illinois (1987-1988); and Visiting Professor at the University of Ghent, Belgium (2003-2009).

In addition, Valerie has been in private practice since 1988 in Corpus Christi, Texas, and the UK.

Higher education

LLD, Cardiff University (2016)

LLM, University of Illinois, Champaign, Illinois (1992)

MSc, Texas Tech University, Lubbock, Texas (1989)

Juris Doctor (Honours), Texas Tech University School of Law, Lubbock, Texas (1986)

Bachelor of Landscape Architecture (High Honours), Texas Tech University (1983)

Professional memberships

City of London Law Society Planning and Environmental Law Committee (member and former Vice Chair)

Royal Institution for Chartered Surveyors (honorary member)

American Bar Association (also member of ABA Section on Enviroment, Energy and Resources)

Association of Insurance and Risk Managers (AIRMIC)

Law Society of England and Wales

Law Society of Ireland

Cardiff and District Law Society

State Bar of Texas

United Kingdom Environmental Law Association (past Council member; past Convenor, Insurance and Liability Working Party; member, Contaminated Land Working Party)

Society of Legal Scholars

Editorial Board, Environmental Liability: Law, Policy and Practice

Speaking engagements

Date Title Event
5 November 2020 Introduction to the legislaiton on industrial emissions and accidents Judges training organised by ERA for the European Commission, Trier (remote)
30 October 2020 Introduction to the Environmental Liability Directive Judges training organised by ERA for the European Commission, Trier (remote)
29 June - 3 July 2020 Cross-cutting Case Study on environmental liability for waste, and the Environmental Liability Directive ERA Summer Course on European Environmental Law, Trier (remote) (also 2-5 July 2019, and 25-29 June 2018)
28-30 August 2019 Halting the Loss of Biodiversity; A Comparative Analysis of the EU Birds and Habitats Directives and the US Endangered Species Act Annual Conference of the European Environmental Law Forum, Utrecht
22 April 2020 Post-Brexit: Impact on environmental law and policy RICS Environment and Resources Conference (remote)
19-20 March 2020 EU liability regimes for major environmental accidents ERA Annual Conference on EU Environmental Law, Trier (remote)
26 November 2019 'EU Member State Good Pracdtice Examples Relating to Financial Mechanisms to Cover Costs Arising from Environmental Damage Remedial Actions International Conference on Environmental Responsibility "Are you aware of your Environmental Hazards?", organised by EcoLex LIFE, Ljubljana 
15 October 2019 Financial Security for ELD Liabilities in the 28 Member States Workshop on Improving financial security in the context of the Environmental Liability Directive, Brussels
10-13 October 2019 Offshore oil and gas operaitons in the Arctic: Are the liability and financial security systems for harm to human health and the environment from an accidental oil spill adequate? WWF Breakout Session, Are Companies in the Arctic Promoting Sustainable Development?, Arctic Circle Assembly 2019, Reykjavik
3 April 2019 Post-Brexit: Impact on environmental law and policy RICS Environment and Resource Conference, Nottingham
23-25 November 2018 Overview of the CJEU Case Law on Wildlife Crimes International Conference of LIFE Natura Themis, International Perspectives on Preventing Wildlife Crime, organised by the Hellenic Society for the Protection of Nature, Athens
14-16 November 2018 Synergies between EIA/SEA and Substantive EU Environmental Law, and Case Study on the Implementation of the EIA Directive How to Handle Court Proceedings Invoking Non-Compliance with EU Environmental Assessment Law, Warsaw (also 22-24 October 2018, Sofia; and 14-16 November 2018, Trier) organised by ERA for the European Commission
22-23 March 2018 Towards a more effective Environmental Liability Directive Annual Conference on European Environmental Law, Trier, organised by ERA for the European Commission
27-29 November 2017 Introduction to EU Nature Law; Biodiversity, economic, health and scientific impacts on natural capital; EU nature law instruments and how they complement each other, and Habitats and Birds Directives in light of the CJEU case law How to Handle Court Proceedings Invoking Non-Compliance with EU Nature Prtection Law, Barcelona (also 18-20 September 2017, Sofia; and 4-6 October 2017), Trier
30 August - 1 September 2017 Human Health and the Environment; Time for a New Approach to Environmental Law European Environmental Law Forum Annual Conference, Copenhagen
26-30 June 2017 Environmental Impact Assessment, Environmental Liability, and Workshop on Environmental Liability ERA Summer Course on European Environmental Law, Trier
24 May 2017 ELD: Challenges and Possible Future Directions Workshop on Who is paying for Environmental Damages? The European Regulation and the lessons from the Kolontar Case; Draft Opinion of the European Parliament on the Environmental Liability Directive, European Parliament Hungarian Office, Budapest
8 March 2017 ELD: Challenges and Possible Improvements Workshop on the implementation of the Environmental Liability Directive, European Parliament Environment and Legal Affairs Committees, Brussels
11 November 2016 Approaches to liability for remediating soil contamination across the European Union La Decontaminazione delle aree Industriali: Principi, Strumenti, Rimedi, Catania
5-7 September 2016 The Future of Environmental Law in the UK and an Overview of Climate Change Litigation Liability Underwriters Group Annual Conference, Cambridge
27 June - 1 July 2016 Environmental Liability, Workshop on Environmental Liability ERA Summer Course on European Environmental Law, Trier
12 April 2016 Ecosystem Services and Environmental Liabiity Legal Adjudication and Eosystem Services, University of Dundee
2 September 2015 Self-Demonstrating for Environmental Liabiities: a residual risk-bearer's peerspective (with Colin Mackie) Annual Conference of the Society of Legal Schoalrs, York
29 June - 3 July 2015 Environmental Liability, Workshop on Environmental Liability, and Environmental Impact Assessment ERA Summer Course on European Environmental Law
26 November 2014 Direct Effect of the ELD's Effective Date, R (on the application of Seiont Gwyrfai and Llyfi Anglers Society) v Natural Resources Wales European Commission 3rd ELD Stakeholder Conference on the Environmental Liability Directive, Brussels
27-30 April 2014 Mandatory Financial Security under the Environmental Liability Directive IBA Biennial Conference of the Section on Energy, Environment, Natural Resources and Infrastructure Law, Berlin
14 February 2014 Plans and Programmes under the Strategic Environmental Assessment Directive The Strategic Environmental Assessment Directive: A Plan for Success, Kingsland Conference II, London
25-26 March 2014 Understanding the Indemnity and Financial Security Requirements for Oil spills 4th Annual Offshore Safety Summit, Aberdeen
25 September 2013 The Environmental Liability Directive - balance and future perspectives Responabilidade Ambiental 2004-2014, organised by Fundacio Mapfre, Lisbon
19 September 2013 Legal Approaches across the EU to Remediating Brownfield Sites organised by the Ireland Brownfield Network, Dublin
10 September 12013 Part 2A is Broken:Time for a regime that is fit for purpose Deeds not Words, organised by ClientEarth, London
2-6 July 2013 Environmental Liabilty (presentation and workshop) ERA Summer Course on European Environmental Law, Trier
26 June 2013 Implementation and enforcement variations and the future of the ELD Environmental Risk Management (Harvard Business Review webinar)
16 April 2013 Environmental Liability Directive International Environmental Law and Policy, organised by the Flemish Environmental Law Association, Ghent
12-13 December 2012 Liability for Ecological Damage: the Added Value of the Environmental Liability Directive International Conference on 20 Years of the Habitats Directive, Antwerp
September 2012 Transboundary shipment of waste: legal framework, liability issues and recent developments ERA (Academy of European Law) Annual Waste Management Conference, Brussels
September 2012 Environmental Liability Update IMC, Annual Conference of the Liability Underwriters Group, Cambridge
May 2012 The Environmental Liability Directive 2012 Congress on Principi e regola nella responsabilita ambientale, Universita CAttolica del Sacro Cuore, Milan
April 2012 The Environmental Liability Directive International Environmental Law and Policy training session, organised by the Flemish Environmental Law Association, Ghent
March 2012 Environmental Damage RICS Rural Conference, Kent
November 2011 Sustainable Growth in Biodiversity Protection Challenges and Opportunities for the Futue; European and Korean Perspectives on Sustainable Growth and Smart Regulation, organised by the Korea Legislation Research Institute, Paris
October 2011 UK and US Climate Change Developments Will National Climate Change Legislation Cool Down Global Warming?, Flemish and Dutch Environmental Law Associations, Brussels
June 2011 Differences in Environmental Liabilities and the ELD and the Potential Costs Risk Frontiers, New Risks, New Solutions, Commercial Risk Europe Conference, Brussels
June 2011 How environmental exposures are covered in different insurance policies AIRMIC Annual Conference, Bournemouth
May 2011 A Case Study - What if an Oil Spill Occurred on Land in Europe or in European Waters? III AIDA Europe Conference, Amsterdam
March 2011 Enforcement of the Environmental Damage Regulations (EDR) and its Implications for Regulators and the Regulated EDR Workshop, Environment Agency NE Thames Region Contaminated Land Forum, London
March 2011 Essential Environmental Law Update for Environmental and Minerals Surveyors RICS Minerals, Resources and Environment Annual Conference, York
February 2011 CLT Conference on Buying and Selling Commercial Property, London Environmental Considerations
February 2011 Environmental Liabilities in the US and Europe American Association of Managing General Agents and IMC North America Ltd, US Casualty Insurance Seminar, London
November 2010 Environmental Liability – The Quiet before the Storm? The exposures and solutions created by the Environmental Liability Directive, Malta International Risk and Insurance Congress, Malta
September 2010 Environmental Impairment Liabilities and Mandatory Financial Provisions IMC Conferences, Liability Underwriters Group Annual Conference, Cambridge
July 2010 Environmental Liability Directive and the EU Legislative Process Common Forum/NICOLE, Contaminated Land Management; opportunities, challenges and financial consequences of evolving legislation in Europe, Trieste, Italy
April 2010 Environmental Damage Regulations and their Implications Brownfield Briefing; The Changing Law and You; A Comprehensive Update on Environmental Law, London
February 2010 Environmental Liability Directive, panel discussion Captive Live UK, London
February 2010 Environmental Liability Directive RICS South East Rural Update, Paddock Woods, Kent
September 2009 Implementation of the Environmental Liability Directive and the Environmental Damage Regulations 2009 LexisNexis Butterworths Environmental Law Conference 2009, London
September 2009 Enforcing and Complying with the Environmental Damage Regulations How to Deal with Environmental Liability in Contaminated Land Projects; Construction Industry Research and Information Association (CIRIA), London
September 2009 Case Studies, Insurance and Financial Provision Environmental Liability; the New Regime, Environmental Law Foundation / Haymarket Conferences, London
September 2009 Environmental Impairment Liabilities Liability Insurance Conference, Insurance Market Conferences, Cambridge
July 2009 ELD Case Studies Workshop, Implementation Efficiency of the Environmental Liability Directive, European Commission, Brussels
June 2009 Environmental Insurance Major Accidents to the Environment, UKELA London meetings, London
June 2009 Environmental Liability Directive: What it Means for Your Business 12th European Captive Rendezvous, Luxembourg
May 2009 A Legal Perspective of the ELD's Reg's for Businesses Environmental Liability in Force; What Does It Mean For You? (Association of British Insurers / International Underwriting Association), London
April 2009 Liability for Remediating Environmental Damage Centre for Environmental Strategy, Environmental Law Module, University of Surrey, Guildford
March 2009 Liability, Insurance and Financial Provision Environmental Liability: The New Regime; A Guide to the Workings of the Environmental Liability Directive in the UK (Environmental Law Foundation and ENDS), London
February 2009 SGVs and Human Health Enforcement and Legal Issues in the Remediation of Contaminated Land Land Contamination Forum (Environment Agency), Ipswich
January 2009 Environmental Liability Directive Legislative and Regulatory Changes in the Brownfield and Contaminated Land Sector (Brownfield Briefing Conferences), London
January 2009 CCS Risk and Liability Issues; Directive on the geological storage of carbon dioxide CCS: Regulatory Approaches to Address Liability (International Energy Agency), Webinar
November 2008 Environmental Liability Directive Environmental Law: The New Regulatory Regime (Butterworths), London
November 2008 Environmental Liabilities Environmental Legislation and Regulations Review (Croner Training), London
September 2008 Environmental Liabilities US Property and Casualty Summer School (IMC North America Ltd and American Association of Managing General Agents), Cambridge
September 2008 The Environment and the Construction Industry IBC's 8th Annual Construction Law Summer School, Cambridge
August 2008 Environmental Insurance Central Law Training Environmental Law Masterclass, London

Publications

2022

  • Fogleman, V. 2022. Environmental liability insurance. In: Bergkamp, L. et al. eds. Chemicals and the Law., Vol. 11. Elgar Encyclopedia of Environmental Law Edward Elgar

2020

2017

2016

2015

2014

2013

2012

2010

2009

2008

2007

  • Fogleman, V. M. 2007. Insurance. In: Tromans, S. and Turrall-Clarke, R. eds. Contaminated Land. London: Sweet & Maxwell, pp. 639-659.
  • Fogleman, V. M. 2007. Insurance for major accidents to the environment. In: Vince, I. ed. Major Accidents to the Environment. Oxford: Butterworth-Heinemann, pp. 85-108.

2005

Teaching

Valerie is teaching the following modules in the LLM programme this year:

  • Environmental and Climate Change Law
  • Insurance Law

Books (sole author)

Environmental Liabilities and Insurance in England and the United States (Witherbys 2005) 

Hazardous Waste Cleanup, Liability and Litigation (Quorum Books 1992)

Guide to the National Environmental Policy Act (Quorum Books 1990)

Books (co-author)

Environmental Law in Property Transactions (co-authors Andrew Waite and Gregory Jones QC) (Bloomsbury Publishing, 4th edition, 2016) (also 6th edition, 2009)

Law Society Environmental Law Handbook (co-authors Trevor Hellawell and Andrew Wiseman) (Law Society, 7th edition, 2011) 

Selected contributions to books

'Environmental Liability Insurance' in Chemicals and the Law (Adam Abelkop, Bethami Auerbach and Lynn Bergeson, editors) (Edward Elgar, in production)

'Protecting nature from people; A comparative analysis of the selection of species and establishment of their natural habitats in the US and the EU' in European Environmental Law Forum Conference Book of 2019 (Marlon Boeve, Sanne Akerboom, Chris Backes and Marleen van Rijswick, editors) (Intersentia Ltd, in production)

'Insurance' in Stephen Tromans, Contaminated Land (Sweet & Maxwell, 3rd edition, 2018) (also 2nd edition, 2008)

'Innocent Landowners and Historic Contamination; Liability in the Absence of a Polluter' in Il Futuro del Polo Petrolchimico Siracusano, Tra Bonifiche e Riqualificazion (Marisa Meli and Salvatore Adomo, editors (Giappicheli (Torino), 2017)

'Plans and Programmes under the Strategic Environmental Assessment Directive' in The Strategic Environmental Assessment Directive, A Plan for Success? (Gregory Jones QC and Eloise Scotford, editors) (Hart Publishing, 1st edition, 2017)

'The Threshold for Liability for Ecological Damage in the EU: Mixing Environmental and Conservation Law' in The Habitats Directive in its EU Environmental Law Context: European Nature's Best Hope? (Charles-Hubert Born, An Cliquet, Hendrik Schoukens, Delphine Misonne and Geert Van Hoorick, editors) (Routledge 2015)

'The Polluter Pays Principle for Accidental Environmental Damage: Its Implementation in the Environmental Liability Directive' in Principi Europei e Illecito Ambientale (Alessandro D'Adda, Ida Angela Nicotra and Ugo Salanitro, editors) (G. Giappichelli Editore - Torino, 21013)

Various chapters in Burnett-Hall on Environmental Law (Richard Burnett-Hall and Brian Jones, general editors; David Hart QC and Valerie Fogleman, editors) (Sweet & Maxwell, 3rd edition 2012) (also various chapters in 2nd edition, 2009)

'Environmental Liabilities and their Effect on Professionals' in Professional Indemnity Insurance: Case Law, Regulation and Practice (Tony Gregory, Liz Rooke and Derek Tadiello, editors) (Insurance Institute of London, Report of Research Study Group 228A, 2nd edition 2010)

Selected articles

'Biodiversity damage from authorised activities: the polluter pays and precautionary principles and the significance threshold in the Environmental Liability Directive' (2020) 26(2) Environmental Liability 1

'The cuty to prevent environmental damage in the environmental liability directive; a catalyst for halting the deterioration of water and wildlife' (2019) 20(4) ERA Forum 707

'Surviving Nature' (Review essay of Inside the Equal Access to Justice Act; Enviornmental Litigation and the Crippling Battle over America's Lands, Endangered Species, and Critical Habitats by Lowell E. Baier (Rowman & LIttlefield, 2016O in (2017) 29 Journal of Environmental Law 565

'Saving protected species' (October/November 2016) RICS Land Journal 22

'Self-Insuring environmental liabilities: a residual risk-bearer's perspective' (co-author Colin Mackie) (2016) 16 Journal of Corporate Law Studies 293

'Impact of C-534/13 Ministero dell'Ambiente e della Tutela del Territorio e del Mare v Fipa Group Srl on English law' in 'Annotations of C-534/13' (Barbara Pozzo et al) (2015) 23(6) European Review of Private Law 1071

'Landowners' liability for remediating contaminated land in the EU: EU or national law? Part II: National law' (2015) 23(2) Environmental Liability 42

'Landowners' liability for remediating contaminated land in the EU: EU or national law? Part I: EU law (2015) 23(1) Environmental Liabillity 6

'Foreword' to Future directions of consumer flood insurance in the UK: Reflections upon the creation of Flood Re (editor Johanna Hjalmarsson, Southampton University, 15 August 2015)

'The Temporal Provisions of the Environmental Liability Directive; The Start Date, Direct Effect and Retrospectivity' (2014) 22(4) Environmental Liability 137

'The Contaminated Land Regime: Time for a Regime that is Fit for Purpose (Part 1)' (2014) 6(1/2) International Journal of Law in the Built Environment 43

'The Contaminated Land Regime: Time for a Regime that is Fit for Purpose (Part 2)' (2014) 6(1/2) International Journal of Law in the Built Environment 129

'Environmental Claims and Insolvent Companies: The Contrasting Approaches of the United Kingdom and the United States' (co-author Blanca Mamutse) (2013) British Journal of American Legal Studies 579

'Improving the Treatment of Environmental Claims in Insolvency' (co-author Blanca Mamutse) (2013) Journal of Business Law 486

'The New Statutory Guidance; Simplification or Reducing the Application of Part 2A of the Environmental Protection Act 1990?' (2013) 15 Environmental Law Review 47

'Halting the Loss of Biodiversity in the European Union: An Achievable Goal?' (2012) 2 KLRI Journal of Law and Legislation 99

'The European Court of Justice Rules on the Enviromental Liability Directive' (2010) 18(2) Environmental Liability 39

'The Environmental Damage Regulations; The New Regime' (2009) 17(5) Environmental Liability 147

'Plugging the Gap in Cover for Environmental Liabiities in UK Public Liabiity Policies' (2009) 17(1) Environmental Liability 11

'Implementation of the Environmental Liabiity Directive in the United Kingdom' (2006) 6 Europaisches Umwelt- und Planungsrecht (EurUP) 291

'Transposition of the Environmental Liability Directive into English Law; Second Consultation' (2008) 16(2) Environmental Liabiilty 54

'Liabililty for Damage to Natural Rresources: A Landmark US Case Provides Guidance on its Scope' (2007) 15(1) Environmental Liability 1

'The Widening Gap in cover for Environmental Liabilities in Pubic Liabiily Policies' [2007] Journal of Planning and Environmental Law 816

'Enforcing the Environmental Liabililty Directive; Duties, Powers and Self-Executing Provisions' (2006) 14(4) Environmental Liability 127

'The Environmental Liability Directive and its Impacts on English Environmental Law' (2006) 9 Journal of Planning and Environmental Law 1443

'Circular Facilities (London) Ltd v Sevenoaks DC: The Meaning of "Knowingly Permitted" under the Contaminated Land Regime' [2005] Journal of Planning and Environmental Law 1269

'Enforcement of the Contaminated Land Regime in England: Circular Facilities (London) Ltd v Sevenoaks District Council'  (2005) 13(3) Environmental Liability 82

'Circular Facilities (London) Ltd v Sevenoaks District Council; The First Ruling on an Appeal Against a Remediatio Notice Under the Contaminated Land Regime' [2004] Journal of Planning and Environmental Law 1319

Supervision