Environmental Impact Assessment Regulation in Hong Kong and Shanghai: A Cross-city Analysis

Cross-city analysis in environmental regulation within non-democratic political systems is a neglected area. Taking policy convergence and styles of regulation as the focus, this paper has taken an initial step to compare the environmental impact assessment (EIA) regulation in Hong Kong and Shanghai. In this comparative exercise, it is identified that policy convergence occurs more explicitly in policy ideology and policy consequences, whereas divergence takes place in policy content, regulatory process and public consultation. Convergence, however, is only superficial whereas divergence is substantial. Indeed EIA systems of these two jurisdictions have displayed contrasting styles of regulation. The formal EIA system in Shanghai is dominated by the environmental agency, which regulates informal politics in the EIA process within a legal format. The informal EIA system in Hong Kong is co-ordinated by the environmental agency, which seeks active co-operation with the clients in a consultative EIA process in an informal and discretionary manner. What makes the Hong Kong system superior to the Shanghai system is the existence of institutional channels for public consultation. Within a non-democratic political setting, the EIA process in Hong Kong is more transparent and the EIA system is more accountable to the public, whereas the EIA process in Shanghai is lacking in transparency and the EIA system is under tight bureaucratic control.     

Environmental impact assessment of infrastructure projects: a governance perspective

Environmental impact assessment (EIA) has been promoted as an instrument for preventive environmental management in construction projects, but its performance in safeguarding the environment through influencing project decision-making is questioned. This paper probes the underlying reasons from a governance perspective as an important supplement to the regulatory and technical perspectives. A framework, with process integration, professional governance, and public engagement being its key components, is proposed to analyze the governance arrangements that enable or inhibit the effective functioning of EIA, based on which a comparative study of three infrastructure projects in China, the United States and Finland was conducted. The results reveal that, while the level of process integration and public engagement of EIA determines the degree to which EIA influences project decisions, it is the professional governance that controls the accountability of EIA. The paper has implications on institutionally where efforts should be directed to improve the performance of EIA.     

Environmental Impact Assessment and Environmental Audit in Large-Scale Public Infrastructure Construction: The Case of the Qinghai–Tibet Railway

Large-scale public infrastructure projects have featured in China’s modernization course since the early 1980s. During the early stages of China’s rapid economic development, public attention focused on the economic and social impact of high-profile construction projects. In recent years, however, we have seen a shift in public concern toward the environmental and ecological effects of such projects, and today governments are required to provide valid environmental impact assessments prior to allowing large-scale construction. The official requirement for the monitoring of environmental conditions has led to an increased number of debates in recent years regarding the effectiveness of Environmental Impact Assessments (EIAs) and Governmental Environmental Audits (GEAs) as environmental safeguards in instances of large-scale construction. Although EIA and GEA are conducted by different institutions and have different goals and enforcement potential, these two practices can be closely related in terms of methodology. This article cites the construction of the Qinghai–Tibet Railway as an instance in which EIA and GEA offer complementary approaches to environmental impact management. This study concludes that the GEA approach can serve as an effective follow-up to the EIA and establishes that the EIA lays a base for conducting future GEAs. The relationship that emerges through a study of the Railway’s construction calls for more deliberate institutional arrangements and cooperation if the two practices are to be used in concert to optimal effect.     

The role of public involvement in environmental impact assessment in Vietnam: towards a more culturally sensitive approach

This paper explores the extent to which Western approaches to public involvement in environmental impact assessment (EIA) have been transferred to Vietnam, constraints on their use, and their appropriateness for the Vietnamese context. The research is based on an analysis of the public involvement content found in 26 EIA reports from development banks and interviews with 26 key informants. The study found that public involvement in Vietnam is generally technocratic, expert-driven and non-transparent, similar to the early days of EIA in the West and emerging economies. Public involvement usually occurs through authorised state channels such as commune leaders, mass organisations and professional organisations. The lack of a participatory culture for EIA, the nascent nature of grassroots democracy in the country, and Vietnamese cultural norms regarding respect for authority provide a challenging context for involving the public in EIA. The paper concludes by offering a number of suggestions for culturally appropriate public involvement at a time when Vietnam has just introduced mandatory public consultation for EIAs.     

Environmental Policy Implementation in Rural China: A Case Study of Yuhang, Zhejiang

The rapid growth of rural enterprises has transformed the Chinese countryside. Although rural industrialisation has resulted in increased financial well-being, it has also contributed to decreased environmental quality. While China has strong environmental protection laws, this paper will demonstrate that they are not being effectively implemented in a rural region in Zhejiang Province. This is due to a number of social, political, and economic barriers that prevent agencies from effectively enforcing environmental policies and regulatory mechanisms. This paper investigates the implementation of China's environmental policies through a case study in Yuhang County, Zhejiang Province. It demonstrates that the implementation of environmental impact assessment, discharge fees, and limited time treatment is limited by inadequate technology, low finances, limited human resources, poor public environmental awareness, faulty data, inferior agency reports, organizational conflict, relations based on guanxi, and low discharge fee prices.     

Beyond the Requirements: Improving Public Participation in EIA

Virtually every environmental planner at some time deals with environmental impact assessment (EIA). Public participation is required in most environmental impact assessment programmesaround the world. However, citizen involvement is often reduced to a procedural exercise instead of a substantive process to include the public in environmental decision making. This paper examines public participation in EIA and provides ways to improve its effectiveness. We first examine the rationales for public involvement and its institutionalization through EIA. Next, we analyse the shortcomings and strengths of common approaches to public involvement. Our analysis, supported by two case studies, suggests that going beyond the minimum requirements can benefit the public, the project proponent and the final plan. We conclude with practical steps to improve public participation programmes in environmental planning and decision making.     

海洋油气开发工程环评中公众参与探讨

根据我国环境影响评价公众参与现状和海洋油气开发工程公众参与实践,对海洋油气开发工程环评中公众参与进行初步探讨。目前海洋油气开发工程公众参与存在的问题主要有:相关公众界定较难、公众主要是在环评机构主导下的被动参与、信息不对称使公众难以正确表达意见、相关公众中个人的环境素养和法制意识不高。根据存在的问题,建议通过以下方法提高海洋油气开发工程环评公众参与水平:研究制定海洋工程公众参与技术方法规范;掌握好公众参与时机,尽早启动,调动公众主动参与;科学确定公众范围,选择好公众参与对象;结合实际选择公众参与方式。     

中国农业污染防控的制度约束研究

中国作为世界上最大的发展中国家,正经历着越发严重的农业污染问题;对农业污染防控的制度性约束因素进行深入分析,是实现有效污染防控的前提,具有积极的理论和现实意义。对中国农业污染防控的制度约束分析研究表明：农业污染及其防控涉及的利益主体关系及相关制度设计,对各利益主体形成了污染防控负激励,加重了农业污染;城乡＂二元＂结构及其衍生的一系列体制问题,导致＂三农＂在农业环境治理、农村公共物品提供等方面被严重边缘化,进而直接制约了农业污染防控;此外,高度分散的小规模农户经营模式也不利于农业污染防控。最后,针对中国农业污染防控的制度性约束因素,提出了有针对性的农业污染防控政策建议。     

Mainstreaming environmental impact assessment as a tool for environmental management in Ethiopia: Current challenges and directions for future improvements

The Environmental Impact Assessment (EIA) was first entered into force in the United States of America in 1969 through the National Environmental Policy Act. Since then, the EIA was implemented in many other countries. In Ethiopia, EIA was formally introduced in 2002 by Proclamation No. 299/2002 after the establishment of the Environmental Protection Authority (EPA) in 1995 and the formulation of the Environmental Policy of Ethiopia (EPE) in 1997. This study, which is based on a document review, interviews, and the application of a survey questionnaire, analyzes the procedures and practices of the Ethiopian EIA system, seeks to clarify fundamental information regarding the EIA system and characteristics of the key elements of EIA processes, and finally, offers suggestions that could improve EIA practices in the country. The overall result of this study shows that Ethiopia adopted EIA procedures that are similar to western models; however, despite approximately 15 years of experience, its implementation is still poor to the point that the use of EIA as an instrument of environmental management could be questioned. The challenges identified by this study include institutional, organizational, and professional capacity gaps, which, in turn, have resulted in constraints ranging from improper screening, scoping, and production of EIA reports to ineffective review, monitoring, and post‐project evaluation. Additional challenges to the system include poor governance and corruption, rapid economic growth, and the mushrooming of micro‐ and small‐scale enterprises that cause pollution and environmental degradation. This article also provides comprehensive suggestions to improve EIA practices in Ethiopia.     

PROFILE: Integrating Sustainability and Environmental Impact Assessment

/ Environmental impact assessment (EIA) has been identified as an important instrument for facilitating sustainability. However, to do so requires the integration of sustainability into EIA theory and practice. The sustainability concept is a valid and important environmental management perspective. However, many issues and obstacles need to be addressed further if the concept is to be translated into practical strategies. Sustainability can potentially infuse EIA with a clearer sense of direction, an ethical foundation, a mechanism for establishing priorities and assessing choices, and a means of linking EIA to other environmental management instruments. Conceptually, EIA and sustainability can be integrated, but frameworks should be refined, adpated to context, and linked to related initiatives. Sustainability should be explicitly incorporated into EIA legislation, guidelines, and institutional arrangements. An experimental approach to testing, assessing, and sharing experiences is suggested.A framework is first presented that defines and characterizes the sustainability concept. A further framework is then described for integrating sustainability into EIA at the conceptual level. The integration of sustainability and EIA at the regulatory level is next addressed through an overview of sustainability initiatives in EIA requirements in Canada. The Canadian examples include many promising initiatives but these and other experiences will need to be monitored, shared, and integrated into comprehensive environmental management strategies. Finally, means of incorporating sustainability into each activity in the EIA planning process are identified.KEY WORDS: Sustainability; Environmental impact assessment     

中国当代环境法制之传统文化障碍——基于制度运行之现实反思

环境法制的发展,对中国多年来环境领域取得的成就功不可没。中国当代环境法制不仅存在体制矛盾,还受文化制约。环境法制的突出问题主要包括:立法质量不高,授权立法和部门立法色彩浓厚,监管体制发挥作用有限,环境司法救济滞后,环境外部成本难以内化以及公众参与不足。针对上述矛盾,从文化视角分析和解构,充分认知矛盾本身。     

Environmental impact assessment in the People's Republic of China

Environmental impact assessment (EIA) procedures have been in existence in the People's Republic of China over the last decade. The impetus for China's introduction of EIA was provided by the Environmental Protection Law of the People's Republic of China, which was adopted by the Fifth National People's Congress in 1979. The EIA process, which is administrative and not statutorily mandated, has been applied primarily to construction projects. Four stages are typically involved in an EIA investigation: design of the investigation, evaluation of background environmental quality, prediction of environmental impacts, and an assessment and analysis of the environmental impacts. A variety of approaches is used for predicting and analyzing environmental impacts, ranging from ad hoc methods to fairly sophisticated mathematical models. The results of the EIA investigation are compiled in an environmental impact statement, which is used as the basis for decision making by personnel in environmental protection departments. The EIA process does not include provisions for citizen notification or involvement. Views differ concerning the effectiveness of the EIA program in protecting China's natural, social, and cultural environments. Some hold that the EIA program has brought about improvement in environmental protection, while critics contend that the program has had little effect in the prevention of pollution. However, most, if not all, observers seem to feel that the program should be continued and improved. A major avenue for improvement is to place the evaluation of a particular project in a regional context. An earlier version of this paper was distributed at a workshop on Environmental Assessment Development Planning held in conjunction with the VII Annual Meeting of the International Association for Impact Assessment, Brisbane, Australia, July 5–8, 1988.     

Evolution of environmental impact assessment as applied to watershed modification projects in Canada

This article reviews the application of environmental impact assessment (EIA) procedures and practices to three watershed modification projects situaled in western Canada. These ventures were justified for accelerating regional economic development, and cover the period during which public concerns for protecting the environment rapidly made their way into the national political agenda. An historical account and analysis of the situation, therefore, seems desirable in order to understand the development of EIA processes, practices, and methodologies since the start of construction of the first project in 1961. This study concludes that there has been good progress in predicting and evaluating environmental and related social impacts of watershed modification proposals. However, a number of obstacles need to be overcome before EIA can firmly establish itself as an effective planning tool. These difficulties include jurisdictional confusions and conflicts, division of authority and responsibility in designing and implementing appropriate mitigative and monitoring measures, lack of tested EIA methodologies, and limited availability of qualified human resources. A number of conclusions and suggestions are offered so that future watershed modification proposals may be planned and implemented in a more environmentally sustainable fashion. These include: (1) EIA processes must be completed before irrevocable decisions are made. (2) Any major intrusion into a watershed is likely to impact on some major components of the ecosystem(s). (3) Mitigation costs must form part of the benefit-cost analysis of any project proposal. (4) Interjurisdictional cooperation is imperative where watersheds cross political boundaries. (5) The EIA process is a public process, hence public concerns must be dealt with fairly. (6) The role of science in the EIA process must be at arms length from project proponents and regulators, and allowed to function in the interest of the protection of the environment and public health and safety. The views expressed here are the authors’ own and do not necessarily reflect those of FEARO and/or other government agencies and officials involved in the review of these projects.     

Environmental impact assessment: An international evaluation

Experiences with environmental impact assessment (EIA) in a number of countries are discussed in the light of both explicit and implicit goals and objectives. Adequate environmental information is not always available to decision makers because of failure to apply EIA to all relevant decisions, the continuing inadequacies of prediction and evaluation techniques, the failure to consider alternatives adequately, and the bias of some EISs. EIA frequently results in changes to proposals and may result in stricter environmental management conditions in some cases, but some people regard it as a failure because it has not stopped development. Generally, EIA leads to better integration of environmental factors into project planning. Open procedures and freedom of information encourage responsiveness to EIA procedures, which can be weakened by discretionary powers and lack of access to the courts by public interest groups. However, legal standing may have side effects that offset its advantages. EIA can encourage cooperation and coordination between agencies but does not ensure them. Similarly, it can have a limited role in coordinating interstate and international policies. In the long term, the success of EIA depends on adequate monitoring, reassessment, and enforcement over the life of the project. EIA has generally opened up new opportunities for public participation, and may help to reduce conflict. EIA procedures need to be integrated with other environmental protection and development control programs, and various means exist for reducing its cost to developers and the public.     

Ensuring social acceptance of the energy transition. The German government’s ‘consensus management’ strategy

This study deals with the German Federal Government’s approach of ensuring public support for its ‘Energiewende’, the swift and complete transition to an energy system based on renewable sources. First, the government’s ‘consensus management’ strategy is described as consisting of four elements: the setup of stakeholder deliberation fora; the funding of organisations dedicated to the public promotion of the energy transition; public campaigns that appeal to people’s commitment and the support of research on energy technologies. The study then traces the need for a strong social mandate of the energy transition back to the scope of the regulatory challenge and the recently growing conflicts around implementation, to institutional constraints of a consensus democracy and to the narrative of ‘Energiewende’ as the ‘grand national task’.     

环境影响评价中的公众参与

介绍了环境影响评价中公众参与的发展和现状,论述了公众参与在环境影响评价中的地位作用,分析了我国环境影响评价中公众参与存在的问题,并从宏观法制保障、公众环境素质和技术操作程序三个层面提出了完善公众参与制度和提高公众参与有效性的对策.     

区域贸易协定中的多边环境协议所涉问题浅析

区域贸易协定框架下的多边环境协议涉及的主要问题可以概括为RTAs的环境条款类型、制度基础与制度选择问题,RTAs环境影响评价问题,RTAs的环境合作问题,RTAs环境标准、环境法实施与争端解决机制问题以及RTAs的公众参与环境保护问题等。贸易与环境问题的结合一直具有争议性,区域贸易协定在文本上达成的环境标准与贸易的结合要得到真正的实施,后续的努力至关重要,这些努力包括环境对话与合作、环境保护资金来源、公众参与等。     

Controlling industrial pollution using EIA: Case study of a Kenyan tannery project

Summary Since the late 1970s, the National Environment Secretariat (NES) in Kenya has viewed environmental impact assessment (EIA) as a principal tool for meeting its environmental protection objectives. Prior to the formation of the Inter-Ministerial Committee on the Environment (IMCE), NES was ineffective in forcing any project proponents to take the EIA requirements seriously. The IMCE has provided NES with the ability to co-opt Committee members and to use the legislatively based mandates of those members to enforce its EIA requirements for industrial projects. A successful example of this co-optation is the case of the Leather Industries of Kenya (LIK), involving a new tannery whose final siting and wastewater treatment control facilities were substantially influenced by the EIA process. Although the LIK case does not offer a basis for generalisation, it provides insights into: (a) how EIA is implemented for new industrial facilities in Kenya, (b) the advantages and disadvantages of the EIA system, and (c) the constructive roles donor agencies can play in promoting institutional reforms for EIA.Dr Rafik Hirji is a Senior Engineer at James M. Montgomery Consulting Engineers, Inc., Suite 160, Sacramento, CA 95825. He was formerly a graduate research assistant in the Department of Civil Engineering at Stanford University. Dr Leonard Ortolano is the UPS Foundation Professor of Civil Engineering at Stanford University, Stanford, CA 94305-4020, USA.     

Bridging the financial gap in climate adaptation: Dutch planning and land development through a new institutional lens

Based on a case study of the Stadshaven port redevelopment in Rotterdam, this paper explores whether existing spatial planning mechanisms and processes can be used to facilitate local-level investment in climate-resilient public infrastructure and/or whether new processes and mechanisms are required to encourage investment in climate adaptation. The study reveals several key findings. First, a lack of conventional funding sources or formalised regulatory framework allowed room for experimentation with existing mechanisms and flexible strategies. Second, project planners are currently ambivalent towards introducing new mechanisms as a means to overcome implementation challenges. The case provides evidence about the role of the governance process, not simply as a means of system coordination that exists in isolation from institutional norms and values, but rather as a space for innovation, which can contribute towards reducing the financial gap associated with climate adaptation.