Environmental Impact Assessment: Can Procedural Innovation Improve Environmental Outcomes?

Author(s):  
Richard N. L. Andrews

Environmental impact assessment originated in U.S. environmental policy as an “action-forcing mechanism” to compel integration of environmental policy goals into government agencies’ missions and actions. It subsequently was adopted by more than 100 other countries, as well as international lending institutions and many businesses, and inspired additional types of impact assessments. At its best, it has greatly expanded the documentation of environmental impacts, required consideration of less damaging alternatives, increased opportunities for review by independent experts and the public, caused modification or cancellation of some proposals, and increased environmental awareness as well as expert capacity for identifying environmental impacts. However, it has often been applied only to localized projects, rather than to broader and more consequential policies and programs, and sometimes without consideration of alternatives. In many cases it has been used simply as a paperwork requirement rather than a decision document. And it has often been criticized, sometimes unfairly, for causing delays and paperwork burdens. Overall, it has proven to be an important conceptual innovation in increasing both awareness of environmental impacts and the transparency of government (and in some cases, business) actions causing them. To fully achieve its intended purpose it requires commitment to that goal by those using it.

Author(s):  
T Murombo

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.


Climate Law ◽  
2015 ◽  
Vol 5 (2-4) ◽  
pp. 111-141 ◽  
Author(s):  
Neil Craik

This article explores the adequacy of the international rules on environmental impact assessment to contribute to geoengineering governance, with a focus on three fundamental challenges. First, the near-universal trigger for eia is the likelihood of significant environmental impact, which may prove to be insufficiently precautionary in light of current risk preferences surrounding geoengineering. Second, the scope of eia has traditionally focused narrowly on the assessment of direct physical impacts; however, many of the concerns that geoengineering research raises relate to environmental and social risks associated with downstream technological implications. A third and related challenge is the consultation requirements under eia laws, which focus on affected states and affected members of the public. Because many geoengineering activities are anticipated to impact the global commons, there is no clear institutional mechanism for implementing notification and consultation. Additionally, the broader sets of concerns that geoengineering raises are spatially unbounded, again making the identification of consultation partners uncertain. The article concludes with a discussion of the implications of the challenges and limitations of the rules of eia for geoengineering.


2003 ◽  
Vol 05 (03) ◽  
pp. 321-338 ◽  
Author(s):  
Nicole Kovalev ◽  
Johann Koeppel

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.


Author(s):  
Jiří Schneider ◽  
Petr Mudra ◽  
Alice Kozumplíková

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.


2017 ◽  
Vol 2 (2) ◽  
pp. 67
Author(s):  
Vikram Singh Rajput ◽  
Santosh Kumar Sar ◽  
Shweta Singh ◽  
Vijita Diwan

NH 6 is the national highway which connects Mumbai to Kolkata. Environmental Impact Assessment (EIA) process for the proposed NH 6 Toll Road project has been undertaken in accordance with the EIA Regulations. Proposed project road connecting the villages and towns by providing better quality and safe roads to the users in a sustainable and environment friendly manner. Government of India (GoI) through Ministry of Environment and Forests (MoEF) enforces Environment (Protection) Rules, 1986 for environmental protection because of intervention of new projects or activities, or on expansion and modernization of existing projects or activity based on their environmental impacts.


Author(s):  
V. V. Sharavara ◽  
O. A. Bondarenko ◽  
O. H. Tarasova ◽  
R. B. Gavrilyuk ◽  
D. V. Hulevets ◽  
...  

The National Ecological Center of Ukraine examined the effectiveness of the implementation of the Law of Ukraine “On Environmental Impact Assessment” (dated May 23, 2017 No. 2059-VII) and the by-laws adopted for its implementation. Based on the study, some shortcomings of the Law were named and discussed as wee as ways for their elimination were established. It was shown that a number of articles of the Law should be clarified, and the title of the Law needs compliance with its scope, terminology, and the lists of activities subject to impact assessment. There is also a need to clarify the division of powers and to adopt regulations on organizational support for conducting an environmental impact assessment and public discussion. There is an urgent need to further refine and harmonize the regulatory and methodological framework of the Law with European environmental legislation, in particular, environmental quality standards and relevant methodologies for their definition. Since no provisions have so far been adopted on expert commissions for environmental impact assessment, and the territorial environmental protection authorities are still subject to regional administrations, there is a real threat that the latter can exert pressure to get a customized conclusion. It was noted that there is no relevant procedure for selecting experts of professional and qualitative environmental impact assessment; there is also no mechanism for adding the public to the formation of the register and selection of experts, and financial issues are not fully resolved either. It was highlighted: the main directions for improving environmental impact assessment and organizing the Law revision. Several other urgencies were indicated: to accelerate the modernization of state building norms and other regulations; to withdraw territorial environmental protection departments from the subordination of regional state administrations; to provide a transparent procedure for the appointment of members to the expert commissions, to urgently review environmental indicators, classifications, norms, limits and other restrictive requirements and harmonize them to European standards.


2017 ◽  
Vol 20 (3) ◽  
pp. 155-176 ◽  
Author(s):  
ALEXANDER TURRA ◽  
ANTONIA CECÍLIA ZACAGNINI AMARAL ◽  
AUREA MARIA CIOTTI ◽  
CARMEN L.D.B. ROSSI WONGTSCHOWSKI ◽  
YARA SCHAEFFER-NOVELLI ◽  
...  

Abstract The Environmental Impact Assessment (EIA) aims to analyze the environmental viability of projects, but exhibits problems that compromise its quality, such as the fragmented, technocratic and positivist vision. The prediction of environmental impacts can be improved using the ecosystem approach, considering the processes and the ecosystem services affected. The present work applied this approach in the expansion project of the Port of São Sebastião (São Paulo, Brazil), in which the EIA was judicially questioned, based on documental analysis and discussion by specialists. Unlike foreseen in the EIA, the analysis of oceanographic processes showed direct and indirect impacts on ecosystem services and benefits, irreversible and/or of great magnitude. The analysis also allowed an improvement to the comprehension not only on the effects on the environmental components and processes (hydrodynamics, sediment dynamics and biodiversity), but also on human well-being, evidencing the benefits of applying the ecosystem approach in the EIA.


2015 ◽  
Vol 17 (02) ◽  
pp. 1550022 ◽  
Author(s):  
Fernando Vicente ◽  
Teresa Fidélis ◽  
Gonzalo Méndez

Since 2000, the Transboundary Environmental Impact Assessment (TEIA) process in the Iberian context has undergone significant development due to new circumstances that came into play at the bilateral and European levels: (i) the adoption of a collaborative TEIA Protocol between Spain and Portugal in 2008; and (ii) the increasing number of cross-border projects supported by European Union funds. Despite these developments, the impact of this bilateral regulation on public participation, the cornerstone of any Environmental Impact Assessment (EIA), has not yet been fully examined. Drawing from specific literature focusing on the involvement of the public as the basis of effective improvement of the TEIA, this paper critically analyses if the lates transboundary provision has encouraged public participation in this context. Although the analysis of the TEIA enforcement revealed a considerable increase in the number of consultations between the neighbouring states compared to the previous situation, public involvement has not increased. Based on these findings, this paper presents a set of recommendations to more effectively involve the public in transboundary consultations.


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