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.     

A quantitative method to analyze the quality of EIA information in wind energy development and avian/bat assessments

The environmental impact assessment (EIA) has been a tool for decision makers since the enactment of the National Environmental Policy Act (NEPA). Since that time, few analyses have been performed to verify the quality of information and content within EIAs. High quality information within assessments is vital in order for decision makers, stake holders, and the public to understand the potential impact of proposed actions on the ecosystem and wildlife species. Low quality information has been a major cause for litigation and economic loss. Since 1999, wind energy development has seen an exponential growth with unknown levels of impact on wildlife species, in particular bird and bat species. The purpose of this article is to: (1) develop, validate, and apply a quantitative index to review avian/bat assessment quality for wind energy EIAs; and (2) assess the trends and status of avian/bat assessment quality in a sample of wind energy EIAs.This research presents the development and testing of the Avian and Bat Assessment Quality Index (ABAQI), a new approach to quantify information quality of ecological assessments within wind energy development EIAs in relation to avian and bat species based on review areas and factors derived from 23 state wind/wildlife siting guidance documents. The ABAQI was tested through a review of 49 publicly available EIA documents and validated by identifying high variation in avian and bat assessments quality for wind energy developments. Of all the reviewed EIAs, 66% failed to provide high levels of preconstruction avian and bat survey information, compared to recommended factors from state guidelines. This suggests the need for greater consistency from recommended guidelines by state, and mandatory compliance by EIA preparers to avoid possible habitat and species loss, wind energy development shut down, and future lawsuits.     

Coping with uncertainty in environmental impact assessments: Open techniques

Uncertainty is virtually unavoidable in environmental impact assessments (EIAs). From the literature related to treating and managing uncertainty, we have identified specific techniques for coping with uncertainty in EIAs. Here, we have focused on basic steps in the decision-making process that take place within an EIA setting. More specifically, we have identified uncertainties involved in each decision-making step and discussed the extent to which these can be treated and managed in the context of an activity or project that may have environmental impacts. To further demonstrate the relevance of the techniques identified, we have examined the extent to which the EIA guidelines currently used in Colombia consider and provide guidance on managing the uncertainty involved in these assessments. Some points that should be considered in order to provide greater robustness in impact assessments in Colombia have been identified. These include the management of stakeholder values, the systematic generation of project options, and their associated impacts as well as the associated management actions, and the evaluation of uncertainties and assumptions. We believe that the relevant and specific techniques reported here can be a reference for future evaluations of other EIA guidelines in different countries.     

A review of EIAs on trade policy in China: Exploring the way for economic policy EIAs

During the discussion on the “Environmental Protection Law Amendment (draft)” in 2011, it was decided to drop the proposed clauses related to environmental impact assessments (EIAs) on policy, which means that there remained no provisions for policy EIAs, and China's strategic environmental assessment system stayed limited to the planning level. However, considering that economic policy making is causing significant direct and indirect environmental problems and that almost every aspect of governmental policy has an economic aspect, EIAs on economic policies are of the utmost urgency. The purpose of this study is to review the EIA work that has been carried out on trade policy in China through four case studies, and illustrate how trade policy EIAs can be helpful in achieving better environmental outcomes in the area of trade. Through the trade policy EIA case studies we try to argue for the feasibility of conducting EIAs on economic policies in China. We also discuss the implications of the case studies from the point of view of how to proceed with EIAs on economic policy and how to promote their practice.     

Bottom-up responses to environmental and social impact assessments: A case study from Guatemala

In this article we take a closer look at resistance to the practice of Environmental Impact Assessment (EIA) in mining and energy projects in Guatemala. Collectivities resisting mining and hydropower projects in Guatemala are increasingly using the evaluations of EIAs conducted by international independent professionals. Reaching out to international experts is facilitated by local communities' engagements in transnational networks bringing together activists, NGOs, scientists, journalists and others. We argue that resistance movements resort to international professionals to challenge the limits imposed on them by the national legislation and institutional arrangements as well as by the way in which EIAs are performed in the country. Further, the engagements in networks that facilitate access to knowledge contribute to strengthen the legitimacy of communities' claims. Challenges to and complaints about EIAs are ways in which affected communities try to reclaim their right to participate in decision-making related to their local environment and the development of their communities. Both complaints about EIAs and the use of transnational networks to attain better participation in decision making processes at local levels, illustrated in this study for Guatemala, are common responses to the advancement of extractive industries and hydropower development across Latin America. The widespread of initiatives to challenge EIAs involving international experts in the region show that EIAs have become a sort of a transnational battleground.     

Deciding over nature: Corruption and environmental impact assessments

Environmental Impact Assessments (EIAs) are an important analytic tool for identifying and potentially mitigating project risks and negative environmental and societal impacts. Their usefulness, however, depends on how they are implemented and on whether findings are used in public decision-making. Given the notorious vulnerability of public-private interactions to corrupt practices, we examine potential and actual corruption risks across four stages of a generic EIA process. Combined with case analysis of the EIA process in Albania, a Southeastern European context experiencing serious governance challenges, we reflect on the vulnerabilities of EIAs to various forms of corruption from a principal-agent perspective. We concur with earlier research suggesting that the fundamentally rationalist approach behind EIAs do not necessarily match the empirical realities of public environmental decision-making, particularly in less mature EIA systems. We conclude with suggestions for framing a future research agenda in this area and touch on tentative policy remedies.     

The environmental impact assessment in Chile: Overview,improvements, and comparisons

In this study, we carried out a comparative analysis of the Chilean Environmental Impact Assessment (EIA) system using evaluation criteria compared against three countries to allow for an objective evaluation within the growing demand of society for a more creditable and trustable EIA system.A total of 18 evaluation criteria were selected from the literature, and four new criteria for comparing EIA systems were proposed. The Chilean EIA system was compared to that of Brazil, Spain, and Canada using the following four evaluation criteria categories: EIA Legislation (four criteria), EIA Administration (four criteria), EIA Process (eleven criteria), and After EIA (three criteria). A Hierarchical Agglomerative Cluster Analysis for assessing similarity among the EIA systems of Chile, Canada, and Spain was performed: the similarity being 88%. A Principal Component Analysis shows that only 13 of the selected 22 criteria contribute to the variability of the selected EIA systems. The main strengths of the Chilean EIA system are the existence of Specialized Environmental Courts for the resolution of disputes and Appeal options before execution. The identified weaknesses are an EIA system with high centralization at the national level, the absence of consideration of project alternatives, no requirement for scoping, and that the process of Strategic Environmental Assessment is not binding.Modifications to the Environmental Impact Assessment System Regulation are proposed by authors as feasible improvements particularly in relation to, Decentralization of the EIA system, Alternatives for design, Scoping incorporation, Register of reviewers of baseline information, and the public information process and post-evaluation.The method used seeks out to serve as guidance for countries with similar environmental and social contexts, as well as environmental legislation improvement needs.     

Disappearing rivers — The limits of environmental assessment for hydropower in India

The mountain rivers of the Indian Himalaya possess a vast potential for hydropower generation. After decades of comparatively modest development recent years have seen a major intensification in the construction of new hydropower dams. Although increasingly portrayed as a form of renewable energy generation, hydropower development may lead to extensive alterations of fluvial systems and conflicts with resource use patterns of local communities. To appraise and reduce adverse effects is the purpose of statutory Environmental Impact Assessments (EIA) and corresponding mitigation plans. However, in the light of ambitious policies for hydropower expansion conventional approaches of environmental assessment are increasingly challenged to keep up with the intensity and pace of development. This paper aims to explore the systemic limitations of environmental assessment for hydropower development in the Indian state of Himachal Pradesh. Based on a qualitative methodology involving interviews with environmental experts, document reviews and field observations the study suggests that the current practice of constraining EIAs to the project level fails to address the larger effects of extensive hydropower development. Furthermore, it is critically discussed as to what extent the concept of Strategic Environmental Assessment (SEA) might have the potential to overcome existing shortcomings.     

Integrating community perceptions and cultural diversity in social impact assessment in Nigeria

The Environmental Impact Assessment (EIA) Act of 1992 aimed to make the environment a central theme in development in Nigeria. Nevertheless, the extent of engagement with local cultures in the Nigerian EIA process is not statutorily guaranteed. While most EIAs in Nigeria have been for oil and gas projects in the Niger Delta, and have focused strongly on the biophysical environment, socio-economic and cultural aspects have remained marginal. The palpable neglect of community perceptions and cultural diversity in social impact assessment (SIA) in this region prone to conflict has tended to alienate the people in the decision-making process. Thus, despite claims to compliance with regulatory requirements for EIAs, and numerous purported sustainable development initiatives by international oil companies (IOCs), the region continues to face multiple sustainability challenges. This paper situates local perceptions and cultural diversity in participatory development and canvasses the integration of community perceptions and cultural diversity into SIA in the Niger Delta region. It is argued that doing this would be critical to ensuring acceptance and success of development actions within the context of local culture while also contributing to sustainable development policy in the region.     

Framing effectiveness in impact assessment: Discourse accommodation in controversial infrastructure development

There is ongoing debate about the effectiveness of impact assessment tools, which matters both because of the threat to future practice of the tools which are frequently perceived to be ineffective, and because of the disillusionment that can ensue, and controversy generated, amongst stakeholders in a decision context where opportunities for meaningful debate have not been provided. In this article we regard debate about the meaning of effectiveness in impact assessment as an inevitable consequence of increased participation in environmental decision-making, and therefore frame effectiveness based on an inclusive democracy role to mean the extent to which impact assessment can accommodate civil society discourse. Our aim is to investigate effectiveness based on this framing by looking at one type of impact assessment – environmental impact assessment (EIA) – in two controversial project proposals: the HS2 rail network in England; and the A4DS motorway in the Netherlands. Documentary analysis and interviews held with key civil society stakeholders have been deployed to identify discourses that were mobilised in the cases. EIA was found to be able to accommodate only one out of four discourses that were identified; for the other three it did not provide the space for the arguments that characterised opposition. The conclusion in relation to debate on framings of effectiveness is that EIA will not be considered effective by the majority of stakeholders. EIA was established to support decision-making through a better understanding of impacts, so its ineffectiveness is unsurprising when its role is perceived to be broader. However, there remains a need to map discourses in different decision contexts and to analyse the extent to which the range of discourses are accommodated throughout the decision process, and the role of impact assessment in those processes, before recommendations can be made to either improve impact assessment effectiveness, or whether it is simply perceptions of effectiveness that need to be improved.     

Incorporating cleaner production analysis into environmental impact assessment in china

An environmental impact assessment (EIA) system was established in 1979 in China. Although EIA was designed as a tool for pollution prevention, in practice it has been based on end-of-pipe (EOP) treatment control since it was first introduced. This approach has ensured an overwhelming focus by enterprises on the use of EOP treatment, rather than pollution prevention, to meet environmental standards, and it has produced a low rate of operation for EOP facilities. The low operation rate for EOP facilities can be traced to the traditional EIA system: it leads project proponents to develop large EOP treatment facilities, but once the main production lines are put into operation, proponents rarely have sufficient funds to operate the treatment facilities. This paper analyzes problems that exist in the EIA system in China, and it describes the Cleaner Production Index and Evaluation System, which is being proposed by environmental authorities in China to evaluate EIA projects based on cleaner production criteria. The paper also suggests how cleaner production analysis can be integrated into the EIA system to improve it.     

Environmental impacts of decommissioning: Onshore versus offshore wind farms

Increasing concerns over climate change have prompted rapid growth of renewable energy over the past few decades, particularly wind energy. However, as the installation of wind farms rises, so will the need for decommissioning and analysis of the environmental impacts associated with decommissioning. This paper investigates how Environmental Impacts Assessments (EIA) identify, estimate and manage potential impacts of decommissioning. EIAs from 12 onshore and offshore windfarms consented between 2009 and 2014 in England and Scotland were analysed and compared. Attributes of these windfarms' Environmental Statements (ES) were scored under six categories: decommissioning in EIA stages, definitions of decommissioning, amount of analysis, depth of analysis, impacts identified, and proactive planning. Onshore windfarms generally tended to investigate the impacts of decommissioning less than offshore windfarms, even those which gained consent in the same year. The investigation of the impact of decommissioning improved for windfarms consented in the latter years of the study period. Across the ESs there was a lack of analysis of potential impacts from decommissioning in their own right: not simply as a reversal of the construction process. The impacts of different end of life scenarios were not analysed in any of the ESs studied. There is evidence to suggest the presence of windfarms, especially offshore, could in some cases be environmentally beneficial for certain species. However, the ecological impact of removing offshore structures at the end of life is unknown and is currently not investigated nor predicted in EIAs. Understanding the potential implications of full or partial removal of marine structures, or alternatives to decommissioning, could ensure that appropriate mitigation is considered at an early stage by both developer and consenting authority. That being said, it is also important to update the assessment of potential impacts over the life of the project as more information on the environment is gathered and end of life plans develop.     

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.     

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.     

Quality of Cultural Heritage in EIA; twenty years of experience in Norway

The aim of this paper is to clarify and discuss how quality, relevance, attitudes, beliefs and transfer value act as underlying driving forces in the development of the Cultural Heritage theme in EIAs. One purpose is to identify and discuss some conditions that can better environmental assessment in order to increase the significance of EIA in decision-making with regard to Cultural Heritage.The main tools used are different research methods designed for analyses of quality and quality changes, primarily based on the relevant opinions of 160 people occupied with Cultural Heritage in EIA in Norway. The study is based on a review of 40 types of EIAs from 1991 to 2000, an online questionnaire to 319 (160 responded) individuals from 14 different backgrounds, and interviews with three institutions in Sweden and Denmark.The study confirms a steadily increasing quality on EIRs over time, parallel with an improvement of the way in which Cultural Heritage is treated in EIA. This is supported by both the interviews and the qualitative comments regarding the survey. Potential for improvements is shown to be a need for more detailed background material as well as more use of adequate methods.The survey shows the existence of a wide variety of negative views, attitudes and beliefs, but the consequences of this are difficult to evaluate. However, most certainly, negative attitudes and beliefs have not been powerful enough to be detrimental to the quality of Cultural Heritage component, as nothing in the study indicates that negative attitudes and myths are undermining the system of EIA.The study shows the importance of having on-going discussions on quality and quality change over time by people involved in EIA, and how this is a necessary condition for successful implementation and acceptance. Beliefs and negative attitudes can also be a catalyst for developing better practice and advancing new methodology. In addition, new EIA countries must be prepared for several years of development and improvements after implementation. This is important in order to gain acceptance from the bureaucracy, especially from the Cultural Heritage authorities and local population.     

Consideration of scales in offshore wind environmental impact assessments

Quality of environmental impact assessments (EIAs) has been criticized, in part due to a lack of accounting in these tools for differing spatial and temporal scales inherent in ecological data. In the United States, leases of outer continental shelf blocks for offshore wind projects and their construction and operation plans require EIAs in accordance with the National Environmental Policy Act of 1969 and the 1978 Council on Environmental Quality Regulations for Implementing the Procedural Provisions of the National Environmental Policy Act. This study evaluated consideration of spatiotemporal scales of stressors, receptors (specifically cetaceans), and effects in eight federal offshore wind energy EIAs against 26 criteria extracted from federal regulations. The criteria analysis determined that EIAs do not consistently or comprehensively address spatiotemporal scales with respect to federal requirements. Deficiencies in addressing spatiotemporal scales may result from imprecise regulations, intent to simplify encyclopedic documents, or lack of data resulting in incomplete assessments, inappropriate mitigation actions, and projects delays. Recommendations to improve compliance with federal regulations include making federal guidance binding, focusing on non-trivial impacts of species, tiering information, and incorporating outcomes of marine spatial planning.     

Environmental impact assessment: National approaches and international needs

This paper examines the spread and development of ‘environmental impact assessment’ (EIA) since the enactment of the U.S. Environmental Policy Act on January 1, 1970, which established for the first time under any jurisdiction the formal requirement that an EIA be made and that an ‘environmental impact statement’ (EIS) be filed prior to implementation of certain major development projects. The paper is divided into three parts. In the first part, we briefly review the forms of EIA introduced in the western industrial countries and contrast these with developments in the socialist countries of Eastern Europe, and in the Third World. The approaches to EIA adopted by five countries — the United States, Australia, Canada, the Federal Republic of Germany, and the Soviet Union — are used to illustrate the types of national approaches that have been followed. In the second part of the paper, we use some questions raised by impact assessments as codified in legislation or regulations at the national level to highlight some of the limitations of impact assessment. Finally, we turn to international impact assessments and describe the modest progress made to date. Key impediments to the development of appropriate conceptual and institutional frameworks and methodologies for international EIAs are noted. In conclusion, we offer some suggestions about needed actions at both the national and international levels.     

Ethical implications of democratic theory for U.S. public participation in environmental impact assessment

Traditional mechanisms for public participation in environmental impact assessment under U.S. federal law have been criticized as ineffective and unable to resolve conflict. As these mechanisms are modified and new approaches developed, we argue that participation should be designed and evaluated not only on practical grounds of cost-effectiveness and efficiency, but also on ethical grounds based on democratic ideals. In this paper, we review and synthesize modern democratic theory to develop and justify four ethical principles for public participation: equal opportunity to participate, equal access to information, genuine deliberation, and shared commitment. We then explore several tensions that are inherent in applying these ethical principles to public participation in EIA. We next examine traditional NEPA processes and newer collaborative approaches in light of these principles. Finally, we explore the circumstances that argue for more in-depth participatory processes. While improved EIA participatory processes do not guarantee improved outcomes in environmental management, processes informed by these four ethical principles derived from democratic theory may lead to increased public engagement and satisfaction with government agency decisions.     

Determining Vulnerability Importance in Environmental Impact Assessment: The case of Colombia

The concept of vulnerability has been used to describe the susceptibility of physical, biotic, and social systems to harm or hazard. In this sense, it is a tool that reduces the uncertainties of Environmental Impact Assessment (EIA) since it does not depend exclusively on the value assessments of the evaluator, but rather is based on the environmental state indicators of the site where the projects or activities are being carried out. The concept of vulnerability thus reduces the possibility that evaluators will subjectively interpret results, and be influenced by outside interests and pressures during projects. However, up until now, EIA has been hindered by a lack of effective methods. This research study analyzes the concept of vulnerability, defines Vulnerability Importance and proposes its inclusion in qualitative EIA methodology. The method used to quantify Vulnerability Importance is based on a set of environmental factors and indicators that provide a comprehensive overview of the environmental state. The results obtained in Colombia highlight the usefulness and objectivity of this method since there is a direct relation between this value and the environmental state of the departments analyzed.     

Adapting social impact assessment to address a project's human rights impacts and risks

We address the weaknesses inherent in the social risk assessments undertaken for business, especially in the extractive industries. In contrast to the conventional approach that considers consequence to the company rather than to impacted communities, conformance with the United Nations Guiding Principles on Business and Human Rights requires that consequence to affected communities has precedence. In order for social risks to be properly assessed, we consider that: companies need to know and understand the human rights impacts of their activities; contemporary approaches to project impact and risk assessment need to be adapted to consider human rights; and environmental impact assessment (EIA) and social impact assessment (SIA) methods need to be adapted to give greater attention to impacts on human rights. Using an example from the mining, oil and gas sector, we provide a method that differentiates social risks from business risks, and we position impact assessment as an instrument that actively facilitates the improved identification, analysis and management of social risks. Practical adaptations to SIA activities and risk assessment processes are provided. Taking human rights impacts into account and using the dimensions of gravity, extent, vulnerability and remediability, we nominate criteria to assess the significance of negative social impacts.