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include limited capacities of EPA, consultants and proponents; lack of political will; political interference and outdated regulations.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.     

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.     

International organization and EIA in developing countries

International EIA activity has two origins. First, there is increasing concern over conflict between developmental and environmental interests within the economic development system. Second, EIA appeals to international agencies and governments as a well-defined, internally integrated procedure and planning tool. EIA activities involve political, institutional, and technical motivations and goals for the international bodies and the governments of countries receiving aid. Three criteria may be used to evaluate international EIA from the perspective of policy makers and administrators in the countries: political support, institutional strengthening, and technical capability. This paper reviews the influence of the United Nations system and of some multilateral and bilateral development assistance agencies in promoting EIA in developing countries. The extent the nature of the influence donors have on EIA in developing countries is shaped as much by the interests and organizational characteristics of the donors as by the needs and priorities of the recipients.     

The attractive concept of simplicity in environmental impact assessment: Perceptions of outcomes in southeastern Brazil

Pressures are mounting for the simplification of environmental impact assessment (EIA). This phenomenon is drawing increasing scholarly attention, but studies have not gone far beyond speculating what could happen as a result of recently implemented or proposed regulatory changes. This paper takes a more longitudinal look at simplified EIAs. The main objective was to analyze the perceived outcomes of a number of simplified EIA processes, using Brazil as the empirical context. More specifically, this paper aimed at understanding: 1) how simplified EIAs have been conceptualized and implemented in southeastern Brazil; and 2) how developers and civil servants in that region perceive the outcomes of simplified EIAs. This study adopted a sequential mixed method research approach. Data was collected through literature reviews, 261 telephone-based interviews and 10 face-to-face interviews. Degrees of EIA simplification can vary significantly within and across jurisdictions. In any case, simplification is often framed as a win-win solution to EIA ineffectiveness, through which regulatory and procedural changes are made to ease the process, while, at the same time, maintaining or providing better environmental protection. This approach is more frequently applied to potentially low-impact processes. Chi-square tests of the data collected through telephone interviews in the Brazilian state of Minas Gerais indicated that developers tend to perceive EIA processes as difficult and slow regardless of how simplified it is. Most civil servants, who were directly involved in the implementation of simplified EIAs in state environmental agencies, argued that simplified EIAs are driven mostly by environmental agencies, as these institutions have long been unable to cope with an ever-increasing load of license applications. Policy outcomes of simplified EIAs in the territory are not sufficiently monitored by state agencies. Civil servants revealed concerns about the potential long term effects of EIA simplification on the ground, as they have had limited resources for audits and inspections.     

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.     

Subnational government and EIA in the developing world: Bureaucratic strategy and political change in Rio de Janeiro,Brazil

EIA has been instituted in developing countries in the last decade largely in response to outside pressures. Governments have been quick to initiate reforms rather than jeopardize projects that might be key to national development plans. At the subnational level, most projects are not financed by foreign aid. The application of EIA at this level is often the result of pressure exerted on policy elites by the bureaucracy. This paper describes the reorganization of environmental protection agencies in the state of Rio de Janeiro in Brazil. This reorganization provided the setting for a bureaucratic initiative on EIA. The authors also analyze two cases in which EIA was applied unsatisfactorily and comment on the political realites of implementing EIA at the subnational level.     

Evaluating the effectiveness of integrating the environmental impact assessment and mine closure planning processes

Integration of environmental assessment tools has long been promoted as best practice with the potential to bring environmental benefits. In this research, we set out to evaluate the effectiveness of integration of environmental impact assessment (EIA) and mine closure planning using a simple effectiveness criteria framework, applied to current regulatory provisions and practices in Western Australia. The effectiveness criteria for the integration of EIA and mine closure planning, compiled from existing reviews of integration and effectiveness concepts in the impact assessment literature, considers procedural, transactive, substantive effectiveness and overall process legitimacy. Data analysis consisted of a literature review, examination of regulatory and guidance material and interviews with 12 experienced EIA and/or mine closure practitioners with an industry or regulatory focus. The results provide strong, positive examples of procedural, transactive and substantive effectiveness due to the integrated framework. These include behavioural changes, improved knowledge and learning and better provision for closure at an early stage of mine planning. A trajectory of improvement was noted by everybody interviewed. However, a key driver for effectiveness is the enthusiasm of key facilitations, and tension exists due to the different motivations of the two lead regulatory agencies which poses a challenge for the integrated framework. While it can reasonably be argued that the effectiveness of early mine closure planning cannot yet be realised, due to a paucity of completely closed mines in Australia this study nevertheless demonstrates clear benefits and opportunities result from early stage integration of EIA with mine closure planning.     

The adequacy of training for EIA in the United States of America

The well-established environmental impact assessment requirements in the United States have given rise to a number of training needs within federal and state agencies. Requirements for training vary for EIA project managers, technical specialists, senior managers and others involved in EIA. Information needs about EIA vary also, but include general awareness, procedural knowledge, substantive methodological knowledge and technical knowledge. While EIA training is provided in short courses, on the job, and in universities there remain deficiencies in the training of specialists, senior managers, and others. Proposals are made here to help overcome these. This paper examines the needs and provisions for training in environmental impact assessment (EIA) in the USA federal system and in the system created by the California Environmental Quality Act. The investigation is based on the very limited literature on training, on responses to letters, on the printed material requested from agencies and, most importantly, on the results of a series of interviews of personnel in various federal agencies at central and regional levels, in California, and elsewhere. A recent report by the Environmental Law Institute (1981) furnished invaluable background information on EIA training in the federal agencies. The list of liaison officers printed by the Council on Environmental Quality (1982a) was used to request interviews and information.     

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.     

Environmental impact assessment (EIA): an overlooked instrument for sustainable development in Pakistan

Environmental impact assessment (EIA) is a policy tool used for evaluating a project proposal from physical and socioeconomic environmental perspectives. Its aim is to reduce the impact of development on environment, hence, ensuring environmental sustainability. It is mandatory to submit an Environmental Impact Statement before starting a mega project as required by Environmental Protection Act of 1997 and Environmental Policy of Pakistan. Public consultation plays a key role in an EIA system, identifying the likely aspects and impacts of a development activity. This aspect has been ignored in effective enactment of environmental legislation in Pakistan. Sufficient legislative instruments are there to support EIA system in the country but the agencies responsible for the enforcement of environmental regulations have failed to do so. The current research gives an insight into the actual status of EIA system in Pakistan along with the feedback of EIA specialists and university teachers of the concerned departments. A new index has been devised on the basis of questionnaire response to work out the overall performance of EIA system in Pakistan or any other country. The weaknesses and deficiencies of each EIA stage have been worked out for Pakistan and elaborated with the help of the controversial Zero point Interchange Project in the capital city of Pakistan.     

Taking an environmental ethics perspective to understand what we should expect from EIA in terms of biodiversity protection

As a globally mandated decision-support tool, Environmental Impact Assessment (EIA) has the potential to contribute to the protection of biodiversity, which is increasingly under threat because of human activities. Concern over its ability to do this, however, has led to the addition of trade-off rules, Ecosystem Services Assessment (ESA), and biodiversity offsets. But given that EIA is set in a political decision-making context, what is reasonable to expect of EIA? In this paper we seek to explore what level of biodiversity protection we can expect EIA to support (and therefore whether these additions are worthwhile). Our point of departure is that EIA supports its political context and associated societal goals, and those goals typically (explicitly or implicitly) reflect some form of sustainable development. Given that the appropriate level of biodiversity protection is a moral consideration, we take an environmental ethics perspective to explain how different levels of protection are associated with different ethical positions on a spectrum from anthropocentrism (where only humans have intrinsic rights) through to ecocentrism (where all individuals of all species have intrinsic rights). We then investigate how different sustainable development discourses, one economic (on a spectrum from weak to strong sustainability) and one ecological (on a spectrum from shallow to deep ecology) map against the environmental ethics spectrum. We find that the economic discourse on sustainable development, which tends to prevail in political decision-making, is heavily anthropocentric, whereas an ecological discourse has some potential to deliver ecocentrism, but only where a deep ecology interpretation is adopted. We then show that the practise of EIA (with or without the addition of other approaches) maps against, and is bounded by, an economic discourse on sustainable development. The reality is, therefore, that EIA can do no more than contribute to delaying incremental biodiversity loss. If EIA were legislated to protect biodiversity using a deep ecology discourse, then only brownfield development would be possible.     

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.     

Large-scale renewable energy project barriers: Environmental impact assessment streamlining efforts in Japan and the EU

Environmental Impact Assessment (EIA) procedures have been identified as a major barrier to renewable energy (RE) development with regards to large-scale projects (LS-RE). However EIA laws have also been neglected by many decision-makers who have been underestimating its impact on RE development and the stifling potential they possess. As a consequence, apart from acknowledging the shortcomings of the systems currently in place, few governments momentarily have concrete plans to reform their EIA laws. By looking at recent EIA streamlining efforts in two industrialized regions that underwent major transformations in their energy sectors, this paper attempts to assess how such reform efforts can act as a means to support the balancing of environmental protection and climate change mitigation with socio-economic challenges. Thereby this paper fills this intellectual void by identifying the strengths and weaknesses of the Japanese EIA law by contrasting it with the recently revised EIA Directive of the European Union (EU). This enables the identification of the regulatory provisions that impact RE development the most and the determination of how structured EIA law reforms would affect domestic RE project development. The main focus lies on the evaluation of regulatory streamlining efforts in the Japanese and EU contexts through the application of a mixed-methods approach, consisting of in-depth literary and legal reviews, followed by a comparative analysis and a series of semi-structured interviews. Highlighting several legal inconsistencies in combination with the views of EIA professionals, academics and law- and policymakers, allowed for a more comprehensive assessment of what streamlining elements of the reformed EU EIA Directive and the proposed Japanese EIA framework modifications could either promote or stifle further RE deployment.     

Guidelines for the analysis of the inclusion of biodiversity in Environmental Impact Statements

Article 14 of the Convention on Biological Diversity (CBD) calls for the inclusion of impacts on biodiversity in Environmental Impact Assessment (EIA), which is a significant instrument for site-specific impact prediction. In view of the shortcomings reported for Environmental Impact Statements (EISs), guidelines with indicators could improve the consideration of biological diversity in EISs. This study aims to establish guidelines for the analysis of the inclusion of biodiversity in EISs using a systematic approach based on scientific papers, CBD, and a survey with 43 EIA practitioners from universities, government agencies, environmental consulting companies, business segment, and the third sector. The guidelines comprise 60 indicators arranged into eight categories about the project's characteristics, methods, baseline, impact assessment, alternatives, as well as mitigation, compensation, and monitoring measures. The guidelines also include the levels of biological diversity (ecosystem, species, and genetic diversity), the three elements of biodiversity (composition, structure, and key processes), and the main anthropogenic threats. Thus, the guidelines represent a methodological contribution to EIA that could support decision making and future systematic reviews of EISs.     

An evaluation of a risk-based environmental regulation in Brazil: Limitations to risk management of hazardous installations

The environmental regulation of hazardous projects with risk-based decision-making processes can lead to a deficient management of human exposure to technological hazards. Such an approach for regulation is criticized for simplifying the complexity of decisions involving the economic, social, and environmental aspects of the installation and operation of hazardous facilities in urban areas. Results of a Brazilian case study indicate that oil and gas transmission pipelines may represent a threat to diverse communities if the relationship between such linear projects and human populations is overlooked by regulatory bodies. Results also corroborate known challenges to the implementation of EIA processes and outline limitations to an effective environmental and risk management. Two preliminary topics are discussed to strengthen similar regulatory practices. Firstly, an effective integration between social impact assessment and risk assessment in EIA processes to have a more comprehensive understanding of the social fabric. Secondly, the advancement of traditional management practices for hazardous installations to pursue a strong transition from assessment and evaluation to management and control and to promote an effective interaction between land-use planning and environmental regulation.     

An analysis framework for characterizing and explaining development of EIA legislation in developing countries—Illustrated for Georgia,Ghana and Yemen

Actors in the field of international development co-operation supporting the development of EIA legislation in developing countries often do not achieve the results envisaged. The performance of EIA in these countries often remains weak. One reason, we assume, is that often those actors support the establishment of overly ambitious EIA legislation that cannot achieve its objectives in the light of constraining contexts. To provide more effective support we need to better understand the enabling and constraining contextual factors that influence the development of EIA legislation and to which support actors should align itself. In this article a new analysis framework for classifying, characterizing and explaining the development of EIA legislation is described, measured in terms of ambition levels. Ambitions are defined as intentions the EIA authorities aim to fulfill, expressed in formal EIA legislation. Three country cases, Yemen, Georgia and Ghana are used to illustrate the usefulness of our framework and as a first test to refine the framework. We have formulated the following five hypotheses that complement and refine our analysis framework. One, EIA legislation may develop multilinearly in terms of ambition levels. Two, ambitions in EIA legislation seem to be influenced to a great extent by the power and capacity of, on the one hand, the environmental authorities supporting EIA and, on the other hand, the sector authorities hindering the development of EIA. Three, the political system is the most important context factor influencing the rules of policy-making and the power of the different actors involved. Four, the importance of context factors on the development of ambitions is dependent on the phase of EIA system development. Five, some ambitions seem to be influenced by particular factors; for instance the ambitions for the object of study seem to be influenced by the level of environmental awareness of the sector ministries and parliament.The analysis framework may also assist actors involved in the development of EIA legislation in setting ambitions for EIA legislation that are feasible within the context in which it will be developed and implemented. Application of a country-specific EIA model would seem to be the preferred model to develop EIA legislation because by taking capacities of actors and context factors as a starting point, it offers more potential to well-performing EIA systems.     

A comparative evaluation of the environmental impact assessment legislation of South Africa and Zambia

This study evaluates the Environmental Impact Assessment (EIA) legislation of South Africa and Zambia against the modified criteria developed by Wood (1995) to determine the extent to which they follow “good practices” and incorporate emerging environmental issues into EIA. We modified the criteria of Wood due to new environmental issues that have emerged since their formulation. Some of these issues are in line with the Sustainable Development Goals (SDGs). National Environmental Acts and EIA Regulations for the two countries were reviewed to evaluate the current legislation. We also used telephone interviews to gather additional information that was not in the documents. As a fundamental component of the EIA system, the legislation needs to be clear, concise and inclusive of all the major environmental issues that affect the performance of the EIA system. Literature reveals that the performance of the Zambian EIA system is generally low compared with that of some African countries such as South Africa and Ghana; especially in terms of the quality of EIA reports and substantive environmental protection. Therefore, we hypothesised that the Zambian legislation does not follow the good practice hence the low EIA system performance. Results, however, showed that the two countries are almost on a par in terms of meeting the criteria used in this study. Hence there is more to be done to improve the quality of both countries' EIA legislation. Nevertheless, compared with the previous evaluations by Wood (1999) and Harrison (2005), the results show that there is considerable improvement in the quality of the South African EIA legislation following a series of amendments.     

Environmental impact assessment in the Philippines: 1977–1985

During 1977 a Philippine environmental impact statement (EIS) system was established and the National Environmental Protection Council (NEPC) was formed to develop environmental policy. Several months after its creation, NEPC was given responsibility to certify that proposed projects met EIS system regulations. With few exceptions, this requirement to gain NEPC's approval was not taken seriously by agencies. The poor record of agency compliance with the EIS system is explained by the absence of ‘controls’ to force thorough assessments. Judicial controls are absent. Procedural and evaluative controls are in place, but NEPC has neither the budget nor the political power to enforce them. Although the national EIS system is ineffective, agencies sometimes conduct informal, ad hoc environmental assessments in response to instrumental controls exercised by international funding organizations, professional controls exerted by planners, and public controls brought about by individuals and groups who would be adversely affected by projects.     

Documentation of cumulative impacts in environmental impact statements

The National Environmental Policy Act (NEPA) of 1969 and the Council on Environmental Quality (CEQ) regulations in the United States require federal agencies to apply an environmental impact assessment (EIA) in decision-making related to their actions. One aspect requires an examination of direct, indirect and cumulative impacts (CIs). Historically, cumulative impact assessment (CIA) has been given limited attention in EIA and resultant environmental impact statements (EISs), not because of its lack of importance, but owing to limitations in methodologies and procedures, including documentation consistency. The objectives of this study were to identify deficiencies in the documentation of CIs and CIA in EISs and to formulate appropriate recommendations (potential solutions) related to such deficiencies. The study involved the systematic review of 33 EISs (11 each from the U.S. Department of Agriculture: Forest Service, the U.S. Army Corps of Engineers, and the U.S. Department of Transportation: Federal Highway Administration). The results indicate that improvements have been made in documentation practices since 1990; however, inconsistencies and inadequacies still exist. Therefore, the following recommendations were developed: (1) CIs should be reported in a separate part of the “Environmental Consequences” section, and they should be addressed for each pertinent environmental resource; (2) a summary of CIs should be included; (3) any CIs considered not significant should be mentioned plus the reason(s) for their non-significance; (4) spatial and temporal boundaries addressed within the CIA process should be defined for pertinent environmental resources; and (5) utilized guidelines and methodologies should be described.     

Public participation modes in China's environmental impact assessment process: An analytical framework based on participation extent and conflict level

Environmental impact assessment (EIA) serves as a gatekeeper to prevent environmental pollution, and public participation is a legal requirement in the EIA process that ensures people's awareness of activities that may jeopardize the environment. Recently, with the elevated awareness of environmental protection and increasing environmental sensitivity, EIA has evolved as a means for the public to show their attitudes towards environmental issues. More frequently, public protests against not-in-my-backyard (NIMBY) facilities have become a significant challenge in the government's decision-making process. Government officials and EIA practitioners continue to look for a more effective way of public participation and aim to establish a platform that can involve related stakeholders. However, current research on public participation is limited to individual case studies or lacks a systematic approach to analysing diversified modes of public participation, which may differentiate levels of acceptance by the government in the EIA process and consequently lead to different effects. Therefore, from the perspectives of the participation extent and conflict level, this paper aims to establish an integrated framework to categorize different public participation patterns in EIA practices and to analyse their characteristics, such as preferences and the action logic arising from different stakeholders, including the government and public. The paper concludes that collaborative public participation is a possible way to strengthen the effectiveness of public involvement within the Chinese context.