Going beyond environmental impact assessment: Environmental input to planning and design

Environmental impact assessment (EIA) has been, and remains for the time being, a very important tool of environmental management — though not always for the reasons one would expect. Major achievements of EIA have been through indirect benefits that have had little recognition to date, particularly the achievements of its stimulative and educative roles. However, EIA is evolving as a planning tool and will continue to do so, and we argue that, in time, we will be able to go beyond EIA as a separate stand alone process. We indicate the requirements for its eventual absorption into project planning and design, and the concomitant need to fully incorporate environmental issues in land use planning to address those matters that cannot be addressed on a project-by-project basis.     

Assessment of transboundary environmental effects in the Pearl River Delta Region: Is there a role for strategic environmental assessment?

China's EIA Law does not require transboundary proposals to be assessed, despite recognition of this globally, for example in the Espoo Convention and Kiev Protocol, and in the European EIA and SEA Directives. In a transboundary context assessment within a state is unusual, as regulating these effects is primarily about the relationship between states. However where a state has more than one legal system such as in the Pearl River Delta (PRD) Region of southern China, transboundary effects should also be addressed. Yet despite the geographical connections between Guangdong Province in mainland China (where the EIA Law applies) and the Hong Kong and Macau Special Administrative Regions (which have their own provisions, neither of which requires transboundary assessments), EIA and SEA are carried out separately. Coordinated or joint approaches to transboundary assessment are generally absent, with the legal autonomy of Hong Kong and Macau a major constraint. As a result institutional responses at the policy level have developed. The article considers global experiences with regulating transboundary EIA and SEA, and analyses potential application to land use, transport and air and water planning in the PRD Region. If applied, benefits may include prevention or mitigation of cumulative effects, broader public participation, and improvements to environmental governance. The PRD Region experience may encourage China to conduct and coordinate EIA and SEA processes with neighbouring states, which has been non-existent or extremely limited to date.     

The needs of nomadic-pastoral land users with respect to EIA theory,methods and effectiveness: What are they and does EIA address them?

The aim of this article is to examine the needs of nomadic-pastoral land users with respect to EIA theory, methods and effectiveness based on literature review by applying Retief (2010)’s framework. The article intends to identify these needs and analyse whether EIA addresses them sufficiently and appropriately. Retief (2010)’s framework defines theory, methods (quality) and effectiveness as three main interrelated themes of environmental assessment. Our review was guided by these three themes and moreover, using nomadic pastoralism as a test case, we attempted to expand this broad framework into a four-step approach that can be used to systematically examine EIA literature. The approach first adopts the Retief (2010)’s framework and secondly, identifies issues of nomadic-pastoral land use which matter the most with respect to Retief (2010)’s themes. The next step selected 156 articles for literature review considering the issues identified previously and the fourth step examined the selected articles using a concept-centric review and a content analysis. Nomadic-pastoral land users need EIA theory to incorporate irrational logic and complex and unpredictable socio-ecological features of nomadic-pastoral land use. Decisions made based on the rational decision-making model in EIA cannot sufficiently incorporate the needs of nomadic-pastoral land use due to uncertainties associated with rational decision-making and different power, values and interests of stakeholders in pasture land resources. Furthermore, the needs of nomadic-pastoral land users with respect to EIA methods are related to impact pathways and dynamic character of land use. EIA methods systematically address impact pathways. However, the current EIA methods primarily focus on static land use, and do not address sufficiently and appropriately dynamic nature of land use. For nomadic-pastoral land users, maintaining land quality in nomadic pastoralism and participation in EIA are the most important issues with respect to effectiveness of EIA. However, empirical data are needed to examine whether these needs are addressed in EIA. Nevertheless, the current frameworks for evaluation of effectiveness of EIA are sufficient for assessment of EIA's capacity for addressing the needs of nomadic-pastoral land users. Further studies should aim at incorporating the nature of socio-ecological interaction and dynamics into EIA theories and developing suitable models on herding mobility and strategy for impact prediction in EIA.     

Integrating environmental impact assessment with master planning: lessons from the US Army

The US National Environmental Policy Act (NEPA) requires agencies to consider environmental impacts in the early stages of planning and decision-making. Despite this mandate, agencies typically conduct EIA for projects, rather than for earlier and more strategic decisions, such as plans. This research investigated the extent to which a large federal agency, the US Army, has integrated NEPA analyses with master planning for their installations. Using in-depth case studies of 16 installations, we investigated how and why EIA was (or was not) integrated with planning, and identified the factors that promote or impede integration. Typically, integration has been regarded as concurrence, meaning that the EIA and planning processes are conducted together. Results of this research show, however, that integration can occur, even if the NEPA documents and master plans are not concurrently prepared. In this sense, integration can be viewed as the influence of the EIA process on agency planning and decision-making. Results also indicate that regulations are only one factor, and that several other factors influence the extent of integration, such as agency leadership and organizational incentives. Lessons from this study can help improve both the integration and the substantive implementation of EIA.     

Theory and practice of EIA implementation: A comparative study of three developing countries

This article offers a conceptual framework for analyzing institutional processes and performance outcome of EIA implementation for developing countries. Eight classes of participants in the EIA process are identified: (1) responsible agency; (2) action proponent; (3) preparer; (4) review agency; (5) rule-setting agency; (6) concerned agencies; (7) general public; and (8) licensing agency. Five types of performance outcome are suggested that may follow the introduction of EIA into a national planning system. These include EIA as (1) a fully internalized element of the planning process, (2) a support for a position of advocacy for the environment, (3) a process of adjustment among conflicting goals, (4) a process to remedy prior environmental damage, and (5) a perfunctory endorsement of public or private actions. Using these categories, the EIA system of the Philippines, Korea, and Brazil are analyzed. Three aspects of EIA implementation are compared: national development planning and environmental goals; institutional structure; and performance evaluation. Based on this analysis, the author concludes that while EIA in developing countries is being hampered in its early stages by institutional factors, there are some specific policies that, if adopted by national governments and international aid agencies, would enhance the integration of EIA into the planning and decision-making process and make EIA a more effective tool for environmental protection in the developing world.     

From consultation to deliberation? Tracing deliberative norms in EIA frameworks in Swedish roads planning

This paper presents the results of an analysis of deliberative norms in the framework for Environmental Impact Assessment (EIA) in roads planning in Sweden. The more specific question is how this framework has responded to the shift towards more deliberative approaches to planning and decision making, advocated in planning theory and policy literature over the last decade. The analysis, which compares the current framework and guidance with an earlier iteration, identifies a shift towards deliberation; deliberative norms are present, and even dominate recent guidance. However, an instrumental norm permeates both the former and the current guidance, suggesting that even as a language of consultation is replaced by one of deliberation, the intention remains to secure and legitimise a smooth development pathway. Evidence from interviews with professionals working in the Swedish EIA system highlights the difficulties of navigating these uncertainties in practice. By opening up critical analysis of deliberative norms as they shape the conditions for practice, this study contributes to the continuous development of planning practice, by supporting a more normatively reflexive approach to framework-design.     

Theorising EIA effectiveness: A contribution based on the Danish system

Considerable attention has been given to the effectiveness of environmental impact assessment (EIA) since the 1970s. Relatively few research studies, however, have approached EIA as an instrument of environmental governance, and have explored the mechanisms through which EIA influences the behaviour of actors involved in planning processes. Consequently, theory in this area is underspecified. In this paper we contribute to theory-building by analysing the effectiveness of a unique EIA system: the Danish system. In this system the competent authority, instead of the project proponent, undertakes EIA reporting. Additionally, the public, rather than experts, play a central role in quality control and the Danish EIA community is relatively small which influences community dynamics in particular ways. A nation-wide survey and expert interviews were undertaken in order to examine the views of actors involved in EIA on the effectiveness of this anomalous system. The empirical data are compared with similar studies on governance mechanisms in other countries, especially the United Kingdom and the Netherlands, as well as with earlier evaluations of EIA effectiveness in Denmark. The results indicate that the more extensive role attributed to the competent authority may lead to higher EIA effectiveness when this aligns with their interests; the influence of the public is amplified by a powerful complaints system; and, the size of the EIA community appears to have no substantial influence on EIA effectiveness. We discuss how the research findings might enhance our theoretical understanding of the operation and effectiveness of governance mechanisms in EIA.     

Environmental impact assessment in urban transport planning: Exploring process-related barriers in Spanish practice

The effectiveness of EIA for evaluating transport planning projects is increasingly being questioned by practitioners, institutions and scholars. The academic literature has traditionally focused more on solving content-related problems with EIA (i.e. the measurement of environmental effects) than on process-related issues (i.e. the role of EIA in the planning process and the interaction between key actors). Focusing only on technical improvements is not sufficient for rectifying the effectiveness problems of EIA. In order to address this knowledge gap, the paper explores how EIA is experienced in the Spanish planning context and offers in-depth insight into EIA process-related issues in the field of urban transport planning. From the multitude of involved actors, the research focuses on exploring the perceptions of the two main professional groups: EIA developers and transport planners. Through a web-based survey we assess the importance of process-related barriers to the effective use of EIA in urban transport planning. The analyses revealed process issues based fundamentally on unstructured stakeholders involvement and an inefficient public participation     

The influence of actor capacities on EIA system performance in low and middle income countries —Cases from Georgia and Ghana

In this paper, we aim to better understand the factors that contribute to the substantive performance of EIA systems in low and middle income countries. Substantive performance is defined as the extent to which the EIA process contributes to the EIA objectives for the long term, namely environmental protection or, even more ambitious, sustainable development. We have therefore developed a conceptual model in which we focus on the key actors in the EIA system, the proponent and the EIA authority and their level of ownership as a key capacity to measure their performance, and we distinguish procedural performance and some contextual factors. This conceptual model is then verified and refined for the EIA phase and the EIA follow-up phase (permitting, monitoring and enforcement) by means of 12 case studies from Ghana (four cases) and Georgia (eight cases), both lower–middle income countries. We observe that in most cases the level of substantive performance increases during the EIA phase but drops during the EIA follow-up phase, and as a result only five out of 12 operational cases are in compliance with permit conditions or national environmental standards. We conclude, firstly that ownership of the proponent is the most important factor explaining the level of substantive performance; the higher the proponent's level of ownership the higher the level of substantive performance. The influence of the EIA authority on substantive performance is limited. Secondly, the influence of procedural performance on substantive performance seems less important than expected in the EIA phase but more important during the EIA follow-up phase.In order to improve substantive performance we learned two lessons. Firstly, increasing the proponent's level of ownership seems obvious, but direct change is probably difficult. However, where international finance institutes are involved they can increase ownership. Despite the limited influence of the EIA authority, a proactive strategy of, for example, working together with international finance institutes has a slightly larger influence than a reactive strategy.     

Application of network method as a tool for integrating biodiversity values in Environmental Impact Assessment

Highway construction or expansion projects are among major activities of economic development especially in developing countries. However, road development consistently can lead to major damages to the environment, including habitat fragmentation and ecological instabilities and a considerable threat to fauna and flora. At this point, Environmental Impact Assessment (EIA) in road developments is needed to address and evaluate the ecological issues in decision-making. The object of this study is to strengthen the consideration of ecological issues, i.e., biodiversity in the existing EIA tools. This paper regards a network method as a means to make informed planning decisions by the lessons from a case study. The results indicate that network method is well suited to be applied in ecological impacts assessment. However, some limitations such as complexity and time consumed make casual networks unpopular. Also, impact of traffic noise on acoustic communication (wildlife and human) was performed. It has been shown that sound level for human is much higher than admissible standards. Finally, the study expresses some mitigation measures to improve the acquisition for environmental impact assessment process.     

Is EIA part of the wind power planning problem?

This research evaluates the importance and effectiveness of Environmental Impact Assessment (EIA) within wind farm planning debates, drawing on insights from case studies in Scotland. Despite general public support for renewable energy on the grounds that it is needed to tackle climate change and implement sustainable development, many proposed wind farms encounter significant resistance. The importance of planning issues and (EIA) processes has arguably been overlooked within recent wind farm social acceptability discourse. Through semi-structured interviews with key stakeholders and textual analysis of EIA documents, the characteristics of EIA are assessed in terms of its perceived purpose and performance. The data show that whilst respondents perceive EIA to be important, they express concerns about bias and about the inability of EIA to address climate change and wind farm decommissioning issues adequately. Furthermore, the research identifies key issues which impede the effectiveness of EIA, and reveals differences between theoretical and practical framings of EIA. The paper questions the assumption that EIA is a universally applicable tool, and argues that its effectiveness should be analysed in the context of specific development sectors. The article concludes by reviewing whether the recently amended EIA Directive (2014/52/EU) could resolve identified problems within national EIA practice.     

EIA and green procurement: Opportunities for strengthening their coordination

EIA plays an important role in enhancing the environmental performance of the construction sector. In recent years, the construction sector has been developing green procurement practices. Green procurement is a process that involves the incorporation of environmental requirements during the procurement of services and products. However, discussion on green procurement is rarely seen during the EIA phase. This paper addresses possible opportunities for improving the coordination between EIA and green procurement within the construction sector. The linking of EIA and green procurement has been postulated in the paper as an aid to strengthen the coordination between project planning and implementation. The paper is based on a literature review and is an outcome of an on-going research project concerning EIA and green procurement. This study indicated that it would be appropriate to introduce green procurement during the pre-decision phase of an EIA. In the present study, the opportunities for integrating green procurement at the stage of EIA are associated with the integration of project planning and EIA. Future research should investigate the mechanism through which the link can be established.     

Beyond 25 years of EIA in India: Retrospection and way forward

Environmental Impact Assessment (EIA) experience in India dates back since the 70s when it was practiced only as an administrative decision. However, it was not made mandatory until 1994 with the introduction of the EIA Notification under the Environmental Protection Act of 1986. Hence, it's been just over 25 years since EIA was formally introduced in the country and in celebrating this landmark occasion, the paper provides a review of EIA performance in India since its inception. In doing so, it provides a systematic analysis against criteria set by one of the first EIA reviews conducted in the country way back in 1994. The four broad categories of this review include completeness, open and public character, objectivity and verifiability. In conducting the review, the paper consolidates publications on this subject area. This is further complemented with data collected via online survey and interviews with experts in the field. The findings reveal that since its inception days, EIA in India has made significant progress with regards to open and public character. However, this is still in need of further improvements. With regards to the other two criteria of completeness and objectivity, progress is rather limited. However, there has been hardly any improvements made with regards to verifiability of EIA. The new EIA notifications being drafted in the country do not seem to be engaging with the lessons learned over the years. Hence, based on the findings of the review, the paper provides some initial recommendations. In doing so the work further draws comparisons and inspirations from international experiences.     

Environmental management plan (EMP) for Melamchi water supply project, Nepal

More than 1.5 million people live in the Kathmandu valley. The valley is facing an extreme shortage of water supply. At the same time the demand is escalating rapidly. To address this issue of scarcity of water, the government of Nepal has proposed a project of inter-basin transfer of water from Melamchi River located 40 km north-east of the Kathmandu valley. The project will cover two districts and three municipalities and will potentially have significant impacts on the environment. In accordance with the Environmental Protection Regulation of Nepal (1997), the Melamchi Water Supply Project (MWSP) has undergone an EIA during the feasibility study stage of the proposed project. The recommendations contained in the EIA were integrated into the project design for implementation in 2006. This paper summarizes the background of MWSP, the environmental concerns described in the EIA and the status of Environmental Management Plan (EMP) developed to address environmental compliance and other issues involving participation and support of the local people. This paper also provides some lessons to learn on the modalities of addressing the demands and grievances of the local people concerning environmental management.     

Testing an ex-ante framework for the evaluation of impact assessment laws: Lessons from Canada and Brazil

Scholars have been increasingly investigating legislative changes in Environmental Impact Assessment (EIA). However, most of the existing evaluation frameworks have been applied to ex-post scenarios, after EIA laws and respective policies and regulations had been implemented for some time. This article has a twofold objective: first, to propose an ex-ante framework for the evaluation of proposed EIA laws and, second, to test the application of the framework to bills C-69 and PL-3729, which target federal-level EIA reform in Canada and Brazil, respectively. The proposed framework is meant to indicate the extent to which proposed legislative changes meet 50 good practice criteria, thus providing a more balanced and transparent account of the issues that should be addressed effectively in the legislative process and in future regulations and guidelines. Results indicate very contrasting scope and potential effects of proposed legislative changes in the two countries. Brazil's bill is essentially intended to integrate existing regulations into a law that would make EIA faster, simpler and less frequent. Canada's bill, recently approved by Parliament, includes a new Impact Assessment Act that is expected to deliver more comprehensive and credible assessments. The ex-ante framework, by exposing how close or distant proposed EIA regimes are from good practices, can be particularly helpful in lawmaking and regulatory design. The article finally discusses limitations and highlights future avenues of research.     

Project justification and EIA: Anything goes?

Environmental Impact Assessment (EIA) incorporates environmental aspects into decision-making, but sometimes it is not effective in rejecting projects with dubious justification, significant impacts and little social utility, especially when they have political support. EIA is expected to achieve sustainable development, but without calling development into question; however, it should be able to ask the question of whether development is really necessary. Although EIA is political, as a part of the decision-making process, politicization must be limited to prevent it from becoming a mere instrument for giving an “environmental veneer” to development. Some measures thar can help avoid unjustified projects are: adopting administrative justice approach to EIA; minimising politicization of EIA agencies; improving transparency in decision-making and proportionality of EIA procedures; carrying out pre-feasibility studies; increasing the scope of SEA; allowing more than one SEA or EIA procedure for the same development throughout the planning process; strengthening the justification of the project in EIA documents; or making the scoping phase mandatory at least for major projects.     

Performance of EIA authority and effectiveness of EIA system in Pakistan

Environmental Impact Assessment (EIA) agencies worldwide face multiple challenges that compromise their performance and in turn EIA procedural effectiveness. The current study aimed to evaluate the performance of the Environmental Protection Agency (EPA) of Punjab, Pakistan and the problems it faces whilst implementing EIA and ensuring EIA effectiveness. Semi-structured interviews were used to collect data for the study. EPA performance and procedural effectiveness were evaluated using the formal and informal roles of EPA and EIA good practices respectively. They were also linked to regulatory framework, capacities of actors and contextual factors. Study found that EPA and EIA system performance is weak. Consequently, procedural effectiveness is compromised. The main causes include limited capacities of EPA, consultants and proponents; lack of political will; political interference and outdated regulations. A strong political will of the government is required to enhance the capacity of EPA and other actors in terms of motivation or “the will to” and means or “the ability to”. Measures taken by international EIA agencies to improve performance and effectiveness have also been discussed. Based on this study, lessons can be learnt by not only EPA Punjab but also other agencies in Pakistan and international agencies facing similar challenges.     

To what extent are threatened plant species considered in impact assessment decision-making? Insights from southeastern Brazil

The world's declining plant biodiversity depends on the efficacy of many policy tools, including Environmental Impact Assessment (EIA). While scholars have long been trying to understand how biodiversity information affects EIA decision-making, very few studies have addressed the specific challenges associated with threatened plant species. Based on content analysis of 83 EIA processes that proposed vegetation removals in the southeastern Brazilian state of Minas Gerais, this study evaluated the extent to which threatened plant species were considered in decision-making. The study found that the developers of 31 projects (37% of the 83 analyzed EIA projects) disclosed the occurrence of threatened plant species in the potentially affected areas. The detailed content analysis of their respective Environmental Impact Statement (EIS) review reports revealed that the majority of the identified impacts and respective compensation programs targeted tree habits, and under a variety of rationales. Developers' proposed compensation rates of impacted tree species varied from 1:1 to 50:1. The reviewing process reported issues related mostly to the baseline conditions. Overall, the study found that EIA, in Minas Gerais state, has been functioning mainly as a diagnostic and compensation tool for the removal of tree species. The study calls for improvements in existing legislation and the development of technical guidance and capacity-building programs for EIA stakeholders.     

Biodiversity offsets in EIA: Getting the timing right

Major developments can result in significant impacts on biodiversity, which the mandated process of environmental impact assessment (EIA) aims to mitigate. There has been a recent move towards the application of biodiversity offsets as a last-resort, compensatory measure when options at the earlier stages in the mitigation hierarchy of avoidance, minimisation and restoration have been exhausted. Guidance on biodiversity offset planning available in different jurisdictions, however, demonstrates a lack of consensus about when biodiversity offsets should be formally introduced into the EIA process, and previous research has highlighted the perceived risks associated with commencing detailed offset planning too early as well as too late. Here we explore the implications of how and when offset considerations are introduced within EIA. We do this by reviewing and synthesising best practice principles for biodiversity offsets from the international literature, and then exploring how and when offsets were considered in a number of case studies that draw on documentary analysis and interviews with key role players. Our case studies are based in South Africa where regional guidance on offsets exists, supporting a body of practice. The research finds that the timing of involvement of biodiversity specialists is critical in determining whether considering offsets early will reap the combined benefits of: transparency and stakeholder engagement; guaranteeing the offset before development commences; and offset enforceability without jeopardising adherence to the mitigation hierarchy. Bypassing the mitigation hierarchy was perceived as allowing proponents to ‘buy’ approvals for developments that might otherwise be found unacceptable, although there was no evidence for this in any of the case studies evaluated. Although some of our findings may be specific to the South African context, the approach taken using international best practice principles for biodiversity offsets as a benchmark can equally be applied to evaluate practice in other EIA systems. We confirm the utility of this approach by evaluating the recently released South African Draft National Biodiversity Offset Policy for its potential to support best practice biodiversity offsets in EIA.     

Consideration of climate change impacts and adaptation in EIA practice — Perspectives of actors in Austria and Germany

Current political discussions and developments indicate the importance and urgency of incorporating climate change considerations into EIA processes. The recent revision of the EU Directive 2014/52/EU on Environmental Impact Assessment (EIA) requires changes in the EIA practice of the EU member states. This paper investigates the extent to which the Environmental Impact Assessment (EIA) can contribute to an early consideration of climate change consequences in planning processes. In particular the roles of different actors in order to incorporate climate change impacts and adaptation into project planning subject to EIA at the appropriate levels are a core topic. Semi-structured expert interviews were carried out with representatives of the main infrastructure companies and institutions responsible in these sectors in Austria, which have to carry out EIA regularly. In a second step expert interviews were conducted with EIA assessors and EIA authorities in Austria and Germany, in order to examine the extent to which climate-based changes are already considered in EIA processes. This paper aims to discuss the different perspectives in the current EIA practice with regard to integrating climate change impacts as well as barriers and solutions identified by the groups of actors involved, namely project developers, environmental competent authorities and consultants (EIA assessors/practitioners). The interviews show that different groups of actors consider the topic to different degrees. Downscaling of climate change scenarios is in this context both, a critical issue with regards to availability of data and costs. Furthermore, assistance for the interpretation of relevant impacts, to be deducted from climate change scenarios, on the specific environmental issues in the area is needed. The main barriers identified by the EIA experts therefore include a lack of data as well as general uncertainty as to how far climate change should be considered in the process without reliable data but in the presence of knowledge about possible consequences at an abstract level. A joint strategy on how to cope with uncertain prognoses about main impacts on environmental issues for areas without reliable data requires a discussion and cooperation between EIA consultants and environmental authorities.