PUBLIC PARTICIPATION IN EIA: A STUDY FROM A PORTUGUESE PERSPECTIVE

2000 ◽  
Vol 02 (04) ◽  
pp. 561-582 ◽  
Author(s):  
CONSTANÇA VASCONCELOS ◽  
ANDY HAMILTON ◽  
PETER BARRETT
Keyword(s):  
Environmental Management ◽  
Civil Society ◽  
Environmental Impact ◽  
Public Participation ◽  
Research Work ◽  
Legal Framework ◽  
The Public ◽  
Brief Assessment ◽  
Current State ◽  
Universal Instrument

This paper focuses on Environmental Impact Assessment (EIA) since it was the first and is the most universal instrument requiring public participation in environmental management. After considering the origins of EIA and its relationship to the inherent problems in environment and sustainability, we put it in the context of "The Portuguese Case". Portugal's involvement in the European environmental debate only began after the 1974 revolution. After 40 years of repressive dictatorship, the Portuguese society is characterised by a lack of traditions in civil society, the centralisation of the state, clientelism and bureaucracy. We examine the legal framework for EIA in Portugal and its interaction with various levels of government. Within this context the results of our research work are discussed. The interviews carried out with stakeholders in the Portuguese EIA process show that public participation occurs too late in the process and that the methods of consultation are generally considered inadequate. A growing demand by the public for better systems of consultation is noted. An analysis of the current state of Portuguese EIA is given and, based on this analysis, suggestions for improving the process are made. A brief assessment is made of new legislation (decree law 69/2000) concerning EIA.

Moving Glaciers: Remaking Nature and Mineral Extraction in Chile

2017 ◽  
Vol 45 (5) ◽  
pp. 102-119 ◽  
Author(s):  
Fabiana Li
Keyword(s):  
Environmental Management ◽  
Environmental Impact ◽  
Public Participation ◽  
Impact Assessment ◽  
Assessment Process ◽  
Mineral Extraction ◽  
Mine Site ◽  
The Public ◽  
Mining Project ◽  
International Activism

The controversial Pascua-Lama mining project, straddling the border between Chile and Argentina and operated by Canada’s Barrick Gold, gained international notoriety when the company proposed to “move” three glaciers located at the mine site. The glaciers variously appeared, changed form, and disappeared as the project was developed, presented to the public, subjected to various modifications, and ultimately put on hold. The environmental impact assessment process created an inventory of the landscape that turned nature into an object of environmental management. At the same time, the element of public participation embedded in Chile’s environmental impact legislation helped to mobilize local and international activism. El polémico proyecto minero de Pascua-Lama que maneja la empresa canadiense Barrick Gold en la frontera entre Chile y Argentina quedó sometido al escrutinio internacional cuando la empresa propuso “mover” tres glaciares situados en la mina. Los glaciares aparecieron, cambiaron de forma y desaparecieron conforme el proyecto se desarrollaba, presentaba ante el público y era sometido a diversas modificaciones; en última instancia, fue suspendido. El proceso de evaluación de impacto ambiental dio lugar a un inventario del paisaje que convirtió a la naturaleza en un objeto de gestión ambiental. Al mismo tiempo, la participación ciudadana fundamentada en la legislación chilena de impacto ambiental ayudó a movilizar activistas locales e internacionales.

scholarly journals Opening a Path towards Sustainable Corporate Behaviour: Public Participation in Criminal Environmental Proceedings

2021 ◽  
Vol 13 (14) ◽  
pp. 7886
Author(s):  
Pavel Kotlán ◽  
Alena Kozlová ◽  
Zuzana Machová
Keyword(s):  
Public Participation ◽  
Criminal Liability ◽  
Active Role ◽  
Legal Framework ◽  
The European Union ◽  
Criminal Proceedings ◽  
Human Rights Protection ◽  
The Public ◽  
Governmental Organizations ◽  
Non Governmental Organizations

Establishing criminal liability for environmental offences remains daunting, particularly with regard to the ‘no plaintiff—no judge’ element as a result of which the public seems to be ultimately deprived of the possibility to participate in criminal environmental proceedings. While there is arguably a lack of specific instruments at the European Union (EU) level which would prescribe such legal obligation on the part of the State, there has been a shift in understanding the role of the public and its participation in criminal liability cases, namely under the auspices of the so-called effective investigation and the concept of rights of victims in general. Using the example of the Czech Republic as a point of reference, this article aims to assess the relevant legal developments at both EU and Czech levels to illustrate why the non-governmental organizations (NGOs), essentially acting as public agents, should be granted an active role in environmental criminal proceedings. After examining the applicable legal framework and case law development, the article concludes that effective investigation indeed stands as a valid legal basis for human rights protection which incorporates an entitlement to public participation. Despite that, this pro-active shift is far from being applied in practice, implying that the legislation remains silent where it should be the loudest, and causing unsustainable behaviour of companies.

scholarly journals Beyond Public Particpation: The disjuncture between South Africa's Environmental Impact Assessment (EIA) Law and Sustainable Development

2017 ◽  
Vol 11 (3) ◽  
pp. 105
Author(s):  
T Murombo
Keyword(s):  
Sustainable Development ◽  
Environmental Impact ◽  
Public Participation ◽  
Impact Assessment ◽  
Environmental Impacts ◽  
Environmental Impact Assessment ◽  
Environmental Law ◽  
Development Planning ◽  
The Public ◽  
Legal Provisions

One of the key strategies for achieving sustainable development is the use of the process of evaluating the potential environmental impacts of development activities. The procedure of environmental impact assessment (EIA) implements the principle of integration which lies at the core of the concept of sustainable development by providing a process through which potential social, economic and environmental impacts of activities are scrutinised and planned for. Sustainable development may not be achieved without sustained and legally mandated efforts to ensure that development planning is participatory. The processes of public participation play a crucial role in ensuring the integration of the socio-economic impacts of a project into the environmental decision-making processes. Public participation is not the only process, nor does the process always ensure the achievement of sustainable development. Nevertheless, decisions that engage the public have the propensity to lead to sustainable development. The public participation provisions in South Africa’s EIA regulations promulgated under the National Environmental Management Act 107 of 1998 show a disjuncture between the idea of public participation and the notion of sustainable development. The provisions do not create a framework for informed participation and leave a wide discretion to environmental assessment practitioners (EAPs) regarding the form which participation should assume. In order for environmental law, specifically EIA laws, to be effective as tools to promote sustainable development the laws must, among other things, provide for effective public participation. The judiciary must also aid in the process by giving content to the legal provisions on public participation in the EIA process.

Does the Current State of Environmental Impact Assessment in Armenia Pose a Challenge for the Future?

2019 ◽  
Vol 21 (02) ◽  
pp. 1950004
Author(s):  
Sophya Geghamyan ◽  
Katarina Pavlickova
Keyword(s):  
Soviet Union ◽  
Environmental Impact ◽  
Impact Assessment ◽  
Environmental Impact Assessment ◽  
Former Soviet Union ◽  
Public Involvement ◽  
Legal Framework ◽  
Assessment System ◽  
The European Union ◽  
Current State

Many post-Soviet countries are still improving their Environmental Impact Assessment (EIA) systems, and Armenia is no exception. In recent years, approximation to and harmonisation with the laws of the European Union has seen Armenia increasingly adopt and apply EU regulations and directives, and this process was supported by adoption of the new law on EIA and Expertise in 2014. The main objectives of this study are to review and analyse the current state of the Armenian EIA system and to assess its legal framework. We applied a method divided into two parts: review and analysis of the legislative aspects of the EIA system in Armenia and the circulation of a survey-questionnaire to EIA experts to establish current practices. The findings of this research provided positive and negative factors which can both be used to improve the assessment system in Armenia. While the most significant EIA strength combines the existence of a systematic law and public involvement in this process, the law has weaknesses in its monitoring, informative and quality control provisions. Moreover, public participation has many weaknesses in practice, including the definition of stakeholders and the lack of guidelines and manuals which challenges expert action. Finally, this paper has explored the major positives and negatives of the Armenian EIA system in practice, and we consider that this should help other Former Soviet Union (FSU) countries define and combat the challenges of their EIA systems.

On the Profitability of Corporate Environmentalism

2013 ◽  
pp. 558-584 ◽  
Author(s):  
Thomas P. Lyon ◽  
John Maxwell
Keyword(s):  
Environmental Management ◽  
Civil Society ◽  
Empirical Evidence ◽  
Public Interest ◽  
Government Regulation ◽  
Corporate Strategy ◽  
Market Forces ◽  
Corporate Environmentalism ◽  
The Public ◽  
Private Politics

Corporations often take environmentally friendly actions that go beyond what is required by law. Whether such corporate environmentalism is a profitable form of corporate strategy, or altruism in the form of a sacrifice of profits in the public interest, has been hotly debated. This chapter offers a theoretical framework for understanding when proactive environmental management is profitable, incorporating market forces, government regulation, and pressures from civil society, sometimes referred to as private politics. It then reviews, summarizes and critiques the empirical evidence relating corporate profitability to corporate environmentalism and identifying specific sources of “green” profits. It concludes with perspectives on the most valuable lessons for managers and the most promising areas for further scholarly research.

Introduction to the Environmental Impact Assessment System and Public Participation in the Russian Federation

2003 ◽  
Vol 05 (03) ◽  
pp. 321-338 ◽  
Author(s):  
Nicole Kovalev ◽  
Johann Koeppel
Keyword(s):  
Environmental Impact ◽  
Public Participation ◽  
Impact Assessment ◽  
Environmental Impact Assessment ◽  
Russian Federation ◽  
The State ◽  
Assessment System ◽  
The Public ◽  
Independent Expert ◽  
The Russian Federation

The Environmental Impact Assessment (EIA) system in the Russian Federation has an extensive set of rules, the main ones are the Assessment of the Environmental Impact (OVOS) of a project and the State Environmental Review (SER). The SER is designed as an investigation of both a project and of its OVOS by an independent expert commission, which is appointed by the federal and regional environmental bodies. The decision of the commission is binding. In addition, a Public Environmental Review (PER) can be conducted by NGOs and recognised by the state. A mandatory component of the EIA in Russia is public participation. The process of public participation is regulated by Russian legislation (for example the Land Code, the OVOS guidelines and autonomous regional laws) and can take various forms. All these opportunities are established on paper; in reality, they are not always taken into account. There are a number of case studies used to observe the extent to which the public has an impact on environmental decision-making. Selected cases include examples in which the public was passive, in which it undertook limited activities, and in which participation was strong and projects were improved or stopped.

scholarly journals Participation of the Public in Central and Local Governance: Principles, Statistics and European Experiences for Ukraine

2019 ◽  
Vol 85 (2) ◽  
pp. 21-30
Author(s):  
V. М. Semianovskyi
Keyword(s):  
Civil Society ◽  
Soviet Union ◽  
Public Participation ◽  
Local Governance ◽  
Solution Process ◽  
Problem Solution ◽  
Public Governance ◽  
Society Business ◽  
The Public ◽  
The Soviet Union

Issues of the effective participation and cooperation of the civil society in power bodies have been a central social problem of the globe in the latest times. Although theoretical issues of participatory governance have been well developed and widely implemented, e. g. in business sector, cooperation of Power and Community pose a serious problem in the world and Ukraine in particular. The effectiveness of cooperation between Power and the civil society is downgraded by the issue the current condition of both parties, the quality of their work and their mutual trust. Also, it needs to be born in mind that this problem is a part of the triangle Power – Society – Business, and that the external environment has significant impact in the conditions of globalization. Given the Ukrainian context, it should be considered that the power system here was inherited from the Soviet Union. It is incompatible with the present-day realities, and its reform has been so far ineffective. The data from the State Statistics Service of Ukraine (SSSU) show the vast numbers of officials in local governance and central power bodies, picked up in industry-like administrative departments. The bulky apparatus of public governance being streamlined on the problem solution process in economic industries, social problems, not mentioning the ones of individual humans, can be looked at only before elections.   On the other hand, according to SSSU, Ukraine has a network of rather diverse public organizations, but their total number is small. According to Eurostat, quantitative and qualitative parameters of the civil society in Ukraine lag far behind the European ones. A diversity of goals, weak consolidation of efforts, resources and methods for solving the most important problems are factors complicating the cooperation between Power and Community. Theoretical and practical aspects of the problem related with cooperation of Power and the civil society have been elaborated in Europe since long. Advanced principles and various technologies for its solution have been proposed and implemented. The first typology of the public participation in form of “public participation staircase” was admittedly made by researcher Sh. R. Arnstein. She broke the staircase into the three levels: non-participation, symbolic participation, public power. To boost the effectiveness of collaborative action, the European community has elaborated the Code of recommended norms for the participation of the public in taking public decisions. In fact, this technology is the standard of cooperation between Power and Community in Europe.   The need for reform of the system for cooperation of power bodies with the civil society in Ukraine by use the European experience of cooperation is substantiated. The issues of goals, principles, methods and phases of cooperation between the power and the society, their advantages and drawbacks are highlighted.

scholarly journals Public Participation in the Process of EIA Intentions of Wind Power Plants in the Czech Republic

2018 ◽  
Vol 66 (1) ◽  
pp. 171-182
Author(s):  
Jiří Schneider ◽  
Petr Mudra ◽  
Alice Kozumplíková
Keyword(s):  
Czech Republic ◽  
Environmental Impact ◽  
Public Participation ◽  
Impact Assessment ◽  
Wind Power ◽  
Environmental Impact Assessment ◽  
Power Plants ◽  
The Czech Republic ◽  
The Public ◽  
Wind Power Plants

Public participation in decision‑making process is an important function of the process called Environmental Impact Assessment (EIA). The respect for the public right in the participation of environmental impact assessment and the right to information are generally controlled by non‑governmental organizations (NGOs) in cooperation with the Ministry of Environment. The support of public is provided in the cases in which queried entity tries not to give the requested information in the appropriate range. NGOs do not follow how the public is involved in the EIA process, and how the comments are relevant or incorporated and whether the final standpoint is influenced. This standpoint is not monitored by Czech Statistical Office. The article deals with the involvement of the general public in the EIA process of wind power plants in the Czech Republic. In selected regions (Moravskoslezský, Olomoucký, Ústecký and Jihomoravský), not only the quantity but also the relevance of the comments in relation to the outcome of the process are evaluated. The own typology groups of the public (individuals, petitions, self‑government etc.) and also applying comments (noise, nature protection, administrative mistakes etc.) were used for the evaluation. All intentions obtained concurring standpoints in the case of zero or low interest of the public.

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