Meaningful and efficient? Enduring challenges to Aboriginal participation in environmental assessment

This paper explores the underlying practice-based challenges to meaningful and efficient Aboriginal participation in environmental assessment (EA) - participation that provides meaningful opportunities for Aboriginal communities to shape EA, yet assures a degree of efficiency for project proponents who need to obtain EA approvals in a timely and financially viable manner. We do so based on an analysis of the EA policy community's experience with uranium exploration and mining in Saskatchewan, Canada. Many of the challenges to meaningful and efficient Aboriginal participation that emerged are multi-dimensional, often concerning participation processes, decision-making, and relationships. Although scholars have explored many of these issues and have proposed numerous solutions, challenges persist in practice. Several other issues also emerged from our study that have received limited attention, including the non-commitment to early and ongoing participation by smaller project proponents, and the EA exemption of exploration projects; the limited availability of information to project developers on local right holders and Aboriginal interests; expectations about the integration of traditional knowledge and land use in EA not aligning with the information that is available to proponents; confusion about who is responsible for initiating early participation and consultation processes; the lack of early relationship building with potentially affected communities, particularly by governments; and the lack of other viable avenues, outside EA, for Aboriginal communities to raise more strategic issues of concern that affect traditional lands and treaty rights.     

Setting boundaries of participation in environmental impact assessment

Public participation processes are touted as an effective way to increase the capacity and legitimacy of environmental assessment and the regulatory process that rely on them. Recent changes to the Canadian environmental assessment process narrowed the criteria for who can participate in environmental assessments from any who were interested to those who were most directly affected. This article examines the potential consequences of this change by exploring other areas of Canadian regulatory law where a similar directed affected test has been applied. This new standard risks institutionalizing the long-understood representational bias confronted by more diffuse interest like environmental protection. Restricting participation to the “directly affected” is far too narrow a test for processes like environmental assessment that are designed to determine the public interest.     

Empowerment through emotional connection and capacity building: Public participation through environmental non-governmental organizations

Environmental non-governmental organization (ENGO) plays an important role in promoting public participation in environmental governance. By semi-structural interviews and participant observations, this paper examines a local ENGO in China to explore how the organization can mobilize and organize the local public to participate in environmental governance. The research finds that mobilizing public participation in local environmental governance is a continuous process in which ENGO needs to continuously enable, empower and emotionally invest in the public. Through emotion construction and capacity building, environmental organizations have been empowering the public to participate and play a major role in local environmental governance. Mobilizing public participation in environmental governance can promote the improvement of local environmental problems, but mobilizing and organizing public participation requires sufficient political opportunity space, sufficient funds, and a culture of public participation.     

An investigation of environmental and sustainability discourses associated with the substantive purposes of environmental assessment

This paper investigates the discursive construction of the substantive purposes of environmental assessment (EA). It addresses these purposes by exploring the complex and often multifaceted linkages between political factors and plural views of democracy, public participation, and the role of science that are embedded in environmental and sustainability discourses. The interaction between policy-making and public actors leads to the formulation of divergent and potentially competing rationales for public participation, and for social appraisal more generally. Participatory approaches have also given impetus to the development of several interpretations on the role of science in assessment procedures. Science is important in mediating public participation and the two are therefore reciprocally linked. This leads to discourses that become manifest in the construction of substantive purposes. Discourse analysis in EA is a relevant method for examining trends and patterns in sustainable development. It is argued that public participation is an important, if not decisive, variable in the articulation and civil legitimacy of certain purposes. A general proposition that results from this paper is that EA, although typically presented as an objective scientific tool, is an intrinsically normative process. Enhanced knowledge on the construction, and reconstruction over time, of substantive purposes is required if environmental and sustainability discourses are to be used and understood as meaningful analytical instruments to assess the socio-political implications of EA.     

Bibliometric analysis of global environmental assessment research in a 20-year period

Based on the samples of 113,468 publications on environmental assessment (EA) from the past 20 years, we used a bibliometric analysis to study the literature in terms of trends of growth, subject categories and journals, international collaboration, geographic distribution of publications, and scientific research issues. By applying thresholds to network centralities, a core group of countries can be distinguished as part of the international collaboration network. A frequently used keywords analysis found that the priority in assessment would gradually change from project environmental impact assessment (EIA) to strategic environmental assessment (SEA). Decision-theoretic approaches (i.e., environmental indicator selection, life cycle assessment, etc.), along with new technologies and methods (i.e., the geographic information system and modeling) have been widely applied in the EA research field over the past 20 years. Hot spots such as “biodiversity” and “climate change” have been emphasized in current EA research, a trend that will likely continue in the future. The h-index has been used to evaluate the research quality among countries all over the world, while the improvement of developing countries' EA systems is becoming a popular research topic. Our study reveals patterns in scientific outputs and academic collaborations and serves as an alternative and innovative way of revealing global research trends in the EA research field.     

Capacity strengthening for environmental assessment in Benin

For over three decades, environmental assessment (EA) has gained increasing international recognition as a means of ensuring sustainable development. In light of environmental challenges, Benin has endorsed the principle that a healthy environment is a human right. This concern is manifested by the creation of many institutions for managing environmental issues. But until today, environmental problems are still on the rise and getting worse day by day because of Benin's limited experience in the field of EA. If EA is to be perceived as an instrument of sustainable development, it is important to take into account the achievements and the needs of the country in this field; because we cannot respond properly and adequately in the field of capacity strengthening in EA without first be familiar with what exists, what is fact, and what is needed. In this study, we address and analyze the status of existing resources in the field of EA in Benin with the purpose of identifying the needs for capacity strengthening to enhance environmental assessment effectiveness in the country. The detailed presentation of the results shows that the legislative and institutional resources are available and represent a strong element in the system of environmental management in Benin. However, there is still a room for improvements towards environmental governance before it becomes a solid system of decision supporting all sectors of intervention because the effective application of those laws and texts still constitute big challenges. Below are the main reasons that explain the particular situation: majority of the laws are put in force very late or taken without implementing decree at all; the organizational capabilities have large gaps; the absence of a mechanism for evaluating the needs for strengthening capacity for EA. Recommendations pinpointed three types of needs which must be filled to enhance the effectiveness of EA in Benin: upstream needs of the structure of EA; implementation and enforcement needs; and, maintenance and efficiency needs.     

Knowledge brokerage - potential for increased capacities and shared power in impact assessment

Constructive and collaborative planning theory has exposed the perceived limitations of public participation in impact assessment. At strategic levels of assessment the established norm can be misleading and practice is illusive. For example, debates on SEA effectiveness recognize insufficiencies, but are often based on questionable premises. The authors of this paper argue that public participation in strategic assessment requires new forms of information and engagement, consistent with the complexity of the issues at these levels and that strategic assessments can act as knowledge brokerage instruments with the potential to generate more participative environments and attitudes. The paper explores barriers and limitations, as well as the role of knowledge brokerage in stimulating the engagement of the public, through learning-oriented processes and responsibility sharing in more participative models of governance. The paper concludes with a discussion on building and inter-change of knowledge, towards creative solutions to identified problems, stimulating learning processes, largely beyond simple information transfer mechanisms through consultative processes. The paper argues fundamentally for the need to conceive strategic assessments as learning platforms and design knowledge brokerage opportunities explicitly as a means to enhance learning processes and power sharing in IA.     

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.     

Disparate perceptions about uncertainty consideration and disclosure practices in environmental assessment and opportunities for improvement

The need to better address uncertainties in environmental assessment (EA) is well known, but less known is how those involved in, or affected by, EA processes understand and perceive uncertainties and how uncertainties are considered and disclosed. Based on a survey of 77 Canadian EA practitioners, regulators, and interest groups, this paper explores uncertainties in the EA process, uncertainty consideration and disclosure in EA practice and decision-making, and opportunities for improved disclosure. Nearly 80% of participants indicated that all EAs contain uncertainty; however, uncertainty disclosure was described as poor. Only 15% indicated that uncertainties are sufficiently acknowledged in practice and, when disclosed, considered by decision makers. Perceptions about uncertainty differed significantly between those who conducted EAs compared to those potentially affected by development, suggesting that either communication about uncertainty is poor, or participants' understandings about what is considered ‘good’ practice are very different. Almost half of the participants believe that there is overconfidence in impact predictions and mitigation measures, and the majority indicated that if uncertainties were more openly reported then EA would be a better tool for informing decisions. Most participants did not believe that EAs that openly disclose uncertainties lack credibility; and contrary to proponents' tendencies to limit disclosure, participants perceived limited risk of disclosure in terms of project approval. The majority of participants did not believe that there was sufficient guidance available on how to report uncertainties, or on how to use that information in decision-making. Results indicate a substantial need to better understand how uncertainties are viewed and dealt with in EA; the importance of uncertainty disclosure and consideration in EA; and the risks and benefits of uncertainty disclosure to proponents, decision makers, and the public. We identify several opportunities for improving the practice of uncertainty consideration and disclosure.     

The mediation of environmental assessment's influence: What role for power?

Considerable empirical research has been conducted on why policy tools such as environmental assessment (EA) often appear to have ‘little effect’ (after Weiss) on policy decisions. This article revisits this debate but looks at a mediating factor that has received limited attention to-date in the context of EA — political power. Using a tripartite analytical framework, a comparative analysis of the influence and significance of power in mediating environmental policy integration is undertaken. Power is analysed, albeit partially, through an exploration of institutions that underpin social order. Empirically, the research examines the case of a new approach to policy-level EA (essentially a form of Strategic Environmental Assessment) developed by the World Bank and its trial application to urban environmental governance and planning in Dhaka mega-city, Bangladesh. The research results demonstrate that power was intimately involved in mediating the influence of the policy EA approach, in both positive (enabling) and negative (constraining) ways. It is suggested that the policy EA approach was ultimately a manifestation of a corporate strategy to maintain the powerful position of the World Bank as a leading authority on international development which focuses on knowledge generation. Furthermore, as constitutive of an institution and reflecting the worldviews of its proponents, the development of a new approach to EA also represents a significant power play. This leads us to, firstly, emphasise the concepts of strategy and intentionality in theorising how and why EA tools are employed, succeed and fail; and secondly, reflect on the reasons why power has received such limited attention to-date in EA scholarship.     

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.     

Environmental impacts of climate change adaptation

Climate change adaptation reduces adverse effects of climate change but may also have undesirable environmental impacts. However, these impacts are yet poorly defined and analysed in the existing literature. To complement this knowledge-gap, we reviewed the literature to unveil the relationship between climate change adaptation and environmental impact assessment, and the degree to which environmental impacts are included in climate change adaptation theory and practice. Our literature review showed that technical, social and economic perspectives on climate change adaptation receive much more attention than the environmental perspective. The scarce interest on the environmental impacts of adaptation may be attributed to (1) an excessive sectoral approach, with dominance of non-environmental perspectives, (2) greater interest in mitigation and direct climate change impacts rather than in adaptation impacts, (3) a tendency to consider adaptation as inherently good, and (4) subjective/preconceived notions on which measures are good or bad, without a comprehensive assessment. Environmental Assessment (EA) has a long established history as an effective tool to include environment into decision-making, although it does not yet guarantee a proper assessment of adaptation, because it is still possible to postpone or even circumvent the processes of assessing the impacts of climate adaptation. Our results suggest that there is a need to address adaptation proactively by including it in EA, to update current policy frameworks, and to demand robust and reliable evaluation of alternatives. Only through the full EA of adaptation measures can we improve our understanding of the primary and secondary impacts of adaptation to global environmental change.     

Deliberative assessment in complex socioecological systems: recommendations for environmental assessment in drylands

Desertification is a complex process, characterised not only by a damaged ecology but also by conflict over access to scarce resources and trade-offs between the needs of multiple stakeholders at multiple scales. As such, orthodox approaches to environmental assessment in drylands, which rely solely on ecological expertise, are gradually losing legitimacy and greater attention is being given to integrated and participatory assessment approaches, which draw on multiple sources of knowledge in order to accurately describe complex socioecological processes. Moreover, there is growing recognition that successful management of desertification requires a strategy that can accommodate the multiple and often competing needs of contemporary and future stakeholders. In light of these conceptual advances, this paper highlights seven key criteria that dryland environmental assessments must meet: (1) accurately understand complex socioecological system processes, (2) focus on slow variables, (3) integrate multiple scales of analysis, (4) integrate multiple stakeholder perspectives and values, (5) ensure that future generations are fairly represented, (6) ensure that less powerful stakeholders are fairly represented and (7) integrate local and scientific knowledge. The virtues and challenges of deliberative environmental assessments, a novel subset of participatory environmental assessment approaches which places emphasis on social learning, argumentation and critical reflection, are considered in relation to each of these requirements. We argue that deliberative approaches have the potential to achieve accurate, progressive and integrated assessment of dryland environments.     

Evaluating public participation in Chinese EIA. An integrated Public Participation Index and its application to the case of the New Beijing Airport

In recent years, China's government authorities have devoted increasing attention to the role of public participation processes in Environmental Impact Assessment (EIA). The capacity of these processes to influence decision-making remains widely debated. This paper aims at appraising the institutional rationale informing the implementation of public participation in China's EIA, benchmarking it against three conceptualisations: (1) Normative, based on objectives of empowerment and democratisation; (2) Substantive, where participation is pursued mainly to improve quality of decisions; (3) Instrumental, seeking participation as an instrument to legitimise decision-making processes. The appraisal is carried out by means of a new integrated index (Public Participation Index, PPI), which is applied to a case study representative of latest advancements in EIA public participation practices in China, namely the “New Beijing Airport Project”. Located 46 km south of downtown Beijing, the project was approved in 2014 and it is currently under construction. Results of the PPI application to this case study indicate that, despite progress made in recent years, the implementation of public participation in Chinese EIA still largely responds to an instrumental rationale, with limited capacity for the public to affect decisions.     

Life cycle assessment as an analytical tool in strategic environmental assessment. Lessons learned from a case study on municipal energy planning in Sweden

Life cycle assessment (LCA) is explored as an analytical tool in strategic environmental assessment (SEA), illustrated by case where a previously developed SEA process was applied to municipal energy planning in Sweden. The process integrated decision-making tools for scenario planning, public participation and environmental assessment. This article describes the use of LCA for environmental assessment in this context, with focus on methodology and practical experiences. While LCA provides a systematic framework for the environmental assessment and a wider systems perspective than what is required in SEA, LCA cannot address all aspects of environmental impact required, and therefore needs to be complemented by other tools. The integration of LCA with tools for public participation and scenario planning posed certain methodological challenges, but provided an innovative approach to designing the scope of the environmental assessment and defining and assessing alternatives.     

You see what I mean? – A review of visual tools for inclusive public participation in EIA decision-making processes

The literature is prolific on the use of visual tools and their potential to promote inclusive public participation. This is particularly the case with the literature on communication, as well as on environmental planning and management, but significantly less abundant in environmental impact assessment, which is the specific focus of our research. The purpose of this paper is to share research results on the actual capacity of visual tools to promote and enhance inclusive public participation in environmental impact assessment related decision-making processes. Based on the literature reviewed, and characterizing the key benefits and challenges of visual tools according to their technical, cognitive, social and emotional effects/dimensions, this paper will: (i) compare their potential capacity to promote inclusive public participation; (ii) consider whether, when applied, they were fit for purpose – i.e. designed to promote a participatory process in each specific case–, and (iii) to what extent was the public involved in their design. Our results show that the literature largely dwells upon ad hoc evaluations of visual tools employed, that normally they are preset, with predefined choices and not made to fit the reality that they intend to serve. We also conclude that, at least according to the experience shared in the literature, seldom is the public involved in the design and choice of visual tools.     

Assessing the impact of environmental regulation and environmental co-governance on pollution transfer: Micro-evidence from China

Pollution transfer is widespread in various countries. If differences in environmental regulation intensity exist across different regions in a country, pollution transfer may occur. Based on data from Chinese enterprises, this study constructs a comprehensive index of environmental regulation and the degree of environmental co-governance at the enterprise level and uses a panel probit model, the two-stage least squares method, and an interaction regression model to assess the effect of environmental regulation and environmental co-governance on pollution transfer. The probability of enterprise migration increases as environmental regulation intensity increases, confirming the pollution transfer effect of environmental regulation. The analysis of the influencing mechanism shows that environmental regulation can reduce the probability of pollution transfer through the “innovation compensation effect” and improve the probability of enterprise migration through the “compliance cost effect”. In addition, under the condition of established environmental regulation, environmental co-governance can reduce the probability of enterprise migration, inhibit the transfer of pollution to nearby areas, and improve the efficiency of environmental governance. This study is conducive to assessing the policy effectiveness of environmental regulation and provides a reference for other countries regarding pollution transfer.     

完善环境影响评价公众参与的初步研究

环境影响评价制度是我国的一项基本环境保护法律制度,是环境管理体系的重要组成部分,完善公众参与体系有利于解决当前环境影响评价中公众参与存在的问题。在总结国内外公众参与发展进程的基础上,对完善公众参与体系进行了初步研究,提出了完善公众参与体系的内涵要点,提高公众参与体系研究力度,建立公众参与学相关内容。     

Theory and practice to integrating health in environmental assessment: Synthesis of an experience with stakeholders to deliver a national HIA guideline

Private or public developers, including local authorities and government agencies, have limited operational guidance to include case-relevant health information in environmental reports. In Italy, the absence of technical indications prompted the Ministry of Health to construct a new model of Health Impact Assessment (HIA) for health integration in Environmental Assessment (EA) processes. A coordinating committee set within an inter-institutional working group was assisted by public and private key stakeholders to deliver guidance on HIA. The three research stages of framing, production and delivery were carried out to: (1) frame the context for HIA guidance implementation; (2) produce the operational guideline and tools; (3) train and disclose the guideline to final users. The guideline and the operational procedures were informed by core criteria to achieve a health standard in environmental reporting. The procedures guide the user to carry out a comprehensive assessment of the population health based on the broad determinants. The environmental reporting integrates health through functional components, divided into levels and supported by related flowcharts and checklists. HIA knowledge and skills were provided to facilitate the guideline utilization within the health departments. The guideline embedded the existing EA national legacy, normative and technical. The entire decisional cycle, from strategic planning to project development was covered in the guideline including the screen of proposals. The experience triggered the definition of an environmental health collaborative platform under the Ministry of Health coordination to fill gaps in competence building, sector operational tools development, methodologies harmonization on the national territory.     

From proposal to decision: Suggestions for tightening up the “NEPA process”

Although the process of documenting compliance with NEPA (the National Environmental Policy Act) requires no drastic revisions, it can be managed more rigorously. Suggestions for revision can be grouped under five major steps: 1) getting a complete proposal from the applicant; 2) getting the decision-making process onto the right decision-making path; 3) modifying the applicant's proposal 4) going down a shorter path through the EA/FONSI (environmental assessment and finding of no significant impact) or through categorical exclusion review; and 5) going down the longer path through the EIS. Step 2 is perhaps the most critical, because there a decision must be made whether to write an EA/FONSI or an EIS, on the basis of whether the proposal would “significantly affect … the … environment.” In the past, this decision has not always been made promptly or rigorously. Accordingly, we suggest that the agency responsible for NEPA compliance should develop a system (a “black box”), consisting of a core group of specialists working with an interdisciplinary team, using sophisticated techniques for modeling impacts and directing both their research and their writing according to the concept of significance. By determining more efficiently and reliably whether the impacts of a proposal would be significant, such an approach would improve management of the total process.