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.     

Reconceptualizing public participation in environmental assessment as EA civics

Notwithstanding the considerable attention placed on creating meaningful opportunities for public participation in environmental assessment (EA), many participants and those who have reviewed participation processes often find practice sorely wanting. This reality stands in stark juxtaposition to future environmental governance needs, which will require increased openness, deliberation and transdisciplinary knowledge in order to deal with environmental change that is ever more uncertain, complex and conflictual. In this paper, our purpose was to consider how to meet those needs through reconceptualizing public participation as EA civics, founded on an active citizen base, deliberative in nature and orientated toward learning. We do this through developing a new conceptual model of next generation participation processes that is relevant at multiple spatial scales and institutional levels, is applicable to the entire assessment cycle and spans temporal scales through feedback loops. Our EA civics model builds on the “civics approach” to environmental governance and “action civics” by extending their core ideas to participation in EA. We did this by conducting an integrative literature review (including numerous papers we have contributed over the years) and reflecting on our own experiences as EA participants. We apply current thinking on public participation design to our EA civics conceptualization and highlight important design features that have received scant attention. We conclude that EA civics holds promise for fairer and more robust participation processes if all aspects of the model are considered and the actions related to each are implemented.     

Toward ‘good process’ in regulatory reviews: Is Canada’s new system any better than the old?

What are the features of a good regulatory review process? In this paper we identify criteria for ‘good process’ drawn from a combined reading of the environmental justice and process literature. We then apply these criteria to a case study, assessing four versions of Canadian regulatory review: CEAA 1992, CEAA 2012, the 2017 Expert Panel report, and IAA 2019. We aim to make two contributions. First, we propose a set of ‘good process’ criteria that we hope can be widely applied, reflecting on complementarities and tensions that arise from combining two bodies of scholarship. Second, we identify areas where Canadian review processes have improved over time and those where significant work remains to be done. This work seeks to make a constructive intervention at a time when energy and industrial projects around the world face strong challenges in the legal, political and public domains.     

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.     

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.     

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.     

Understanding the long-term influence of EIA on organisational learning and transformation

This research is an attempt to verify the notion postulated by Robert Bartlett and Lynton Caldwell that the full benefits of environmental impact assessment (EIA) would take decades to be realized. While EIA is intended to directly influence decision-making regarding new development proposals, the process is also expected to lead to organisational learning and transformation over time. Our aim was to examine the influence of EIA on a single Western Australian proponent with sustained experience in the process to understand how EIA is used within the organisation and to seek evidence of transformation of the organisation's purpose and mission. The research reviewed literature in order to identify key influences of EIA on organisations, along with semi-structured staff interviews and document analysis for the case study organisation. Ascertaining causality that involvement in EIA processes influences or effects organisational learning and transformation is a challenge in the face of other societal events. Document analysis and interviewee data indicates that the action-forcing nature of EIA did influence proponent behavior through the creation of internal processes seeking to ensure robust design of new projects that would satisfy environmental protection expectations, without the need to trigger formal EIA. Evidence of EIA values and thinking were apparent within internal documentation, including the evolving mission statement. Our research indicates that participation in the EIA process can positively influence organisational learning and transformation by guiding internal change for decision-making.     

The political economy of EIA in Guangzhou

Using Guangzhou (Canton) as an example, this article examines major political economy problems regarding environmental impact assessment (EIA) in China: (1) difficulties for regulatory agencies to impose EIA procedures and requirements on projects that are sponsored or supported by other government agencies; (2) a lack of strong political constituencies that support environmental protection efforts; and (3) conflicts of interest created by regulatory agencies that attempt to finance their operations through providing services to the regulated for fees.     

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 LCA-based environmental impact assessment model for regulatory planning

Assessing the environmental impact (EI) of regulatory planning (a lower tier in the Chinese urban planning system) has significant implications for improving the environmental performance of the future built environment. Current environmental impact assessments generally focus on microscale and macroscale, while mesoscale studies at region level are lacking. To fill this gap, this paper proposes an LCA-based environmental impact assessment model for regulatory planning, which focuses on embodied EI of urban construction and operational EI associated with the operation of the built environment. To ensure the regulatory plans both meet the environmental limits and fit well with environmental policy requirements, this paper also presents a new impact analysis method by integrating environmental carrying capacity analysis and distance to target method. The Statutory Plan of Shenzhen Futian Free Trade Zone 03-T2 is used as a case study to test and demonstrate the applying process and functions of the proposed method. Results indicate that the proposed model can effectively quantify the future environmental impact associated with a regional development plan, and can potentially be used as a tool for urban administrators to make decisions on regulatory planning revision and provide references for environmental management.     

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.     

Consideration of climate change on environmental impact assessment in Spain

Most of the projects subject to environmental impact assessment (EIA) are closely related to climate change, as they contribute to or are affected by it. The growing certainty about climate change and its impacts makes its consideration an essential part of the EIA process, as well as in strategic environmental assessment (SEA).This paper examines how climate change (CC) has been taken into account in EIA in Spain through the analysis of 1713 environmental records of decision (RODs) of projects submitted for EIA. In 2013 Spain approved one of the most advanced laws in terms of CC consideration in environmental assessment, although it had not yet accumulated extensive practice on the issue. This contrasts with the situation of countries like Canada or the USA, which have a significant body of experience without specific legal requirements.Only 14% of the RODs analysed included references to CC, and in more than half of the cases it was a mere citation. Thermal power plants, which are subject to specific GHG regulations, show the highest consideration, while transport infrastructures, which are important contributors to CC, show a very low consideration. Almost all the references are related to their contribution to CC, while consideration of the effects of CC is minimal.The increasingly common incorporation of CC into SEA, should not imply its exclusion from EIA, because both processes have different aims and uses. Including the obligation to consider CC in the EIA regulations is highly desirable, but probably not enough without other measures, such as practical guidance, training and motivational programmes for practitioners and evaluators. But even these actions cannot ensure effective and adequate assessments of CC. Probably more resources should be spent on creating greater awareness in all the agents involved in EIA.     

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.     

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.     

Follow-up to environmental impact assessment: Learning from the Canadian Government experience

The environmental impact assessment procedure for Canadian federal government projects is briefly described. In the non-legislated Canadian system, follow-up to assessments is one of the major means of encouraging and improving the implementation of environmental impact assessment and the quality of environmental work done around development projects. The results of a study on the status of follow-up in the Canadian Government are presented. Factors that limit and that are conducive to follow-up are discussed. The effectiveness of follow-up depends as much on the circumstances surrounding a project and the concerned parties as on the follow-up techniques used; both of these aspects can be addressed in the planning and management of follow-up and of environmental impact assessment overall. Areas for improving the management of follow-up are identified and discussed: planning of follow-up activities, coordination of concerned parties, generation of clear understandings, information management, resource allocation, and maintenance of credibility. A method for planning follow-up activities for specific projects is presented.     

Development of a New Approach to Cumulative Effects Assessment: A Northern River Ecosystem Example

If sustainable development of Canadian waters is to be achieved, a realistic and manageable framework is required for assessing cumulative effects. The objective of this paper is to describe an approach for aquatic cumulative effects assessment that was developed under the Northern Rivers Ecosystem Initiative. The approach is based on a review of existing monitoring practices in Canada and the presence of existing thresholds for aquatic ecosystem health assessments. It suggests that a sustainable framework is possible for cumulative effects assessment of Canadian waters that would result in integration of national indicators of aquatic health, integration of national initiatives (e.g., water quality index, environmental effects monitoring), and provide an avenue where long-term monitoring programs could be integrated with baseline and follow-up monitoring conducted under the environmental assessment process.     

Accounting for intracultural variability in first nation environmental knowledge: A requisite for environmental monitoring and impact assessments

In many environmental monitoring and impact assessment processes, Indigenous communities are treated as intellectually homogenous and intracultural variation in environmental knowledge often goes unaccounted for. This not only poses obvious risks to the effectiveness of environmental impact assessments but also gives standing to those who question the credibility of traditional ecological knowledge and its contribution to environmental monitoring and assessment programs altogether. In this paper we describe the steps that were taken to account for intracultural variability in First Nation knowledge of fish and the potential impacts associated with the Peace River oil sands development in Alberta, Canada. Involving the delivery of a household survey to 1,127 First Nation households in 11 Peace River communities, our approach was successful in identifying regional, community, and household variability in fishing activity, and has allowed us to differentiate novice from expert knowledge holders. This research demonstrates the need to account for intracultural variability in First Nations environmental knowledge in order for traditional ecological knowledge to make meaningful contributions to environmental monitoring and assessment programs.     

Public participation in China's EIA process and the regulation of environmental disputes

This article reconsiders the role that public participation in the environmental impact assessment (EIA) process plays in China. Whilst some commentators have found that public participation has largely failed to make an impact in China, this article argues that it has been an important focal point during environmental disputes over siting decisions. The principles of transparency and public participation embodied in EIA legislation have been prominent frames used to legitimize public action against locally-unwanted-land-uses when decisions are taken unilaterally without sufficient public input or notification. In this sense, the EIA becomes a lightning rod for citizen claims-making in relation to siting disputes. At the same time, these principles help depoliticize contention by channeling it within state-approved discourses, enabling officials to buy time and defuse tension. Here, EIA serves as a shock absorber, helping contribute to social stability when disputes break out. By showing how public participation regulations are closely intertwined with contentious politics, this article highlights the paradoxical and contradictory nature of public participation in China.     

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.