Citizendia

Environmental Law
Eco-taxes
Environmental impact assessment
Intergenerational Equity
International environmental law
Polluter pays principle
Precautionary principle
Public trust doctrine
Sustainable development


An Environmental Impact Assessment (EIA) is an assessment of the likely positive and/or negative influence a project may have on the environment. Environmental law is a complex and interlocking body of Statutes, Common law, Treaties, conventions Regulations and policies which very Ecotax, short for Ecological taxation, can refer to A policy that introduces taxes intended to promote ecologically sustainable activities via economic incentives Intergenerational equity, in the sociological and psychological context is the concept or idea of Fairness or Justice in relationships between Children International environmental law is the body of International law that concerns the protection of the global environment The Polluter Pays Principle is a principle in Environmental law where the polluting party pays for the damage done to the Natural environment. The precautionary principle is a moral and political principle which states that if an action or policy might cause severe or irreversible harm to the public or to the environment in the The public trust doctrine is the principle that certain resources are preserved for public use and that the government is required to maintain it for the public's reasonable use Sustainable development is a pattern of resource use that aims to meet human needs while preserving the environment so that these needs can be met not only in the present “Environmental Impact Assessment can be defined as: The process of identifying, predicting, evaluating and mitigating the biophysical, social, and other relevant effects of development proposals prior to major decisions being taken and commitments made. ”[1] The purpose of the assessment is to ensure that decision-makers consider environmental impacts before deciding whether to proceed with new projects.

Contents

Overview

The US Environmental Protection Agency pioneered the use of pathway analysis to determine the likely human health impact of environmental factors. Health is a state of complete physical mental and social well-being and not merely the absence of disease or infirmity The technology for performing such analysis is properly labelled environmental science. Environmental science is the study of interactions among physical chemical and biological components of the environment. The principal phenomena or pathways of impact are: soil contamination impacts, air pollution impacts, noise health effects, ecology impacts including endangered species assessment, geological hazards assessment and water pollution impacts. Soil contamination is caused by the presence of man-made chemicals or other alteration in the natural soil environment Air pollution is the human introduction into the atmosphere of Chemicals Particulate matter, or Biological materials that cause harm or discomfort Noise health effects are the Health consequences of elevated Sound levels Elevated workplace or other Noise can cause Hearing impairment Ecology (from Greek grc οἶκος oikos, "house(hold" and grc -λογία -logia) is the scientific study of An endangered species is a population of an organism which is at risk of becoming Extinct because it is either few in numbers or threatened by changing environmental or predation Water pollution is the contamination of Water bodies such as Lakes Rivers Oceans and Groundwater caused by human activities Pathway analysis and The Natural Step definitions subsequently became the basis of the global ISO 14000 series of environmental management standards and the more recent ISO 19011 auditing standard; however, these ISO standards are not in common use in the U. The Natural Step is a nonprofit organization founded in Sweden in 1989 by Swedish scientist Karl-Henrik Robèrt. The ISO 14000 Environmental management standards exist to help organizations minimize how their operations negatively affect the environment (cause adverse changes Environmental Management is not as the phrase could suggest the management of the environment as such but rather the management of interaction by the modern human societies ISO 19011 is an international standard that sets forth guidelines for Quality Management systems Auditing environmental S. and most other countries.

After an EIA analysis, the Precautionary Principle and Polluter Pays may be applied to prevent, limit, or require strict liability or insurance coverage to a project, based on its likely harms. The precautionary principle is a moral and political principle which states that if an action or policy might cause severe or irreversible harm to the public or to the environment in the The Polluter Pays Principle is a principle in Environmental law where the polluting party pays for the damage done to the Natural environment. Insurance, in Law and Economics, is a form of Risk management primarily used to hedge against the Risk of a contingent loss

Environmental impact analysis is sometimes controversial and contested. Related analysis of social impacts is achieved by Social impact assessment. Social Impact Assessment (SIA is a methodology to review the social effects of infrastructure projects and other development interventions Analysis of business impacts is achieved by context analysis. Context analysis, also known as Environmental scanning, is a method to analyze the environment in which a business operates Design impacts are assessed in relation to context theory. Context theory is the theory of how Environmental design and planning of new development should relate to its context

EIA predicts what a specific action can do to the environment.

EIA around the world

Australia

At the federal level, EIA provisions are contained within the EPBC Act (the Environment Protection and Biodiversity Conservation Act 1999). At the State [ie provincial] level, each jurisdiction has EIA provisions typically contained in land use planning law. For example in New South Wales (NSW), EIA is performed under either Part 3A, Part 4 or Part 5 of the Environmental Planning and Assessment Act 1979, depending on the type of development. Overlap between federal and state requirements is addressed via bilateral agreements or one off accreditation of state processes, as provided for in the EPBC Act.

China

The Environmental Impact Assessment Law (EIA Law) requires an environmental impact assessment to be completed prior to project construction. However, if a developer completely ignores this requirement and builds a project without submitting an environmental impact statement, the only penalty is that the environmental protection bureau (EPB) may require the developer to do a make-up environmental assessment. If the developer does not complete this make-up assessment within the designated time, only then is the EPB authorized to fine the developer. Even so, the possible fine is capped at a maximum of about US$25,000, a fraction of the overall cost of most major projects. The lack of more stringent enforcement mechanisms has resulted in a significant percentage of projects not completing legally required environmental impact assessments prior to construction. [2]


China's State Environmental Protection Administration (SEPA) used the legislation to halt 30 projects in 2004, including three hydro-power plants under the Three Gorges Project Company. The Ministry of Environmental Protection of the People's Republic of China ( Chinese: 中华人民共和国环境保护部 formerly State Environmental Protection Administration The Three Gorges ( Gorgesogg|listen now}} region is a scenic area along the Yangtze River in the People's Republic of China with a total Although one month later (Note as a point of reference, that the typical EIA for a major project in the USA takes one to two years. ), most of the 30 halted projects resumed their construction, reportedly having passed the environmental assessment, the fact that these key projects' construction was ever suspended was notable.

A joint investigation by SEPA and the Ministry of Land and Resources in 2004 showed that 30 to 40 per cent of the mining construction projects went through the procedure of environment impact assessment as required, while in some areas only 6 to 7 per cent did so. This partly explains why China has witnessed so many mining accidents in recent years.

SEPA alone cannot guarantee the full enforcement of environmental laws and regulations, observed Professor Wang Canfa, director of the centre to help environmental victims at China University of Political Science and Law. Wang Canfa is a Chinese Professor at the China University of Political Science and Law, and director of the Beijing -based Center for Legal Assistance to China University of Political Science and Law ( CUPL;) is a university in Beijing, China. In fact, according to Wang, the rate of China's environmental laws and regulations that are actually enforced is estimated to be barely 10 per cent. [3]

EU

The EIA Directive on Environmental Impact Assessment of the effects of projects on the environment was first introduced in 1985 and was amended in 1997. A directive is a legislative act of the European Union which requires member states to achieve a particular result without dictating the means of achieving The directive was amended again in 2003 following the 1998 signature by the EU of the Aarhus Convention on public participation in environmental matters. The UNECE Convention on Access to Information Public Participation in Decision-making and Access to Justice in Environmental Matters, usually known as the Aarhus Convention Public participation is a political principle or practice and may also recognised as a right ( right to public participation) The issue was enlarged to the assessment of plans and programmes by the so called SEA-Directive in 2001 which is now in force and establishes a mix of mandatory and discretionary procedures for assessing environmental impacts. This article is about the body of water For other uses see SEA and Seas. [4]

Under the EU directive, an EIA must provide certain information to comply. There are seven key areas that are required:

1. Description of the project

2. Air pollution is the human introduction into the atmosphere of Chemicals Particulate matter, or Biological materials that cause harm or discomfort Hydrology (from Greek Yδωρ hudōr, "water" and λόγος logos, "study" is the study of the movement distribution and quality of Alternatives that have been considered

3. Biomass refers to living and recently dead Biological material that can be used as fuel or for industrial production Description of the environment

4. Fauna is all of the Animal life of any particular region or time The Royal Society for the Protection of Birds ( RSPB) is a British Charitable organisation which works to promote conservation and protection Description of the significant effects on the environment

5. The Leopold matrix is a qualitative Environmental impact assessment method used to identify the potential environmental impact of a project on the environment Mitigation

6. Non-technical summary (EIS)

7. Lack of know-how/technical difficulties

New Zealand

In New Zealand, EIA is usually referred to as Assessment of Environmental Effects (AEE). The first use of EIA's dates back to a Cabinet minute passed in 1974 called Environmental Protection and Enhancement Procedures. Year 1974 ( MCMLXXIV) was a Common year starting on Tuesday (link will display full calendar of the 1974 Gregorian calendar. This had no legal force and only related to the activities of government departments. When the Resource Management Act was passed in 1991, an EIA was required as part of a resource consent application. The Resource Management Act (RMA is a significant and at times controversial Act of Parliament passed in 1991 in New Zealand. Year 1991 ( MCMXCI) was a Common year starting on Tuesday (link will display full calendar of the Gregorian Calendar. Section 88 of the Act spells this out.

Sri Lanka

The importance of the Environmental Impact Assessment as an effective tool for the purpose of integrating environmental considerations with development planning is highly recognized in Sri Lanka. The application of this technique is considered as a means of ensuring that the likely effects of new development projects on the environment are fully understood and taken into account before development is allowed to proceed. The importance of this management tool to foresee potential environmental impacts and problems caused by proposed projects and its use as a mean to make project more suitable to the environment are highly appreciated. by Lakpethum

United States

Main article: Environmental impact statement

Under United States environmental law an EIA is referred to as the Environmental Impact Statement (EIS), and originated in the National Environmental Policy Act (NEPA), enacted in the United States in 1969. An environmental impact statement, in the United States, is a document that must be filed when the federal government takes a "major Federal action significantly In the United States, there are numerous environmental laws. Although they have diverse purposes they all relate to the protection of the Natural environment and The National Environmental Policy Act ( NEPA) is a United States environmental law that was signed into law on January 1, 1970 by U The United States of America —commonly referred to as the Year 1969 ( MCMLXIX) was a Common year starting on Wednesday (link will display full calendar of the Gregorian calendar. Certain actions of federal agencies must be preceded by an EIS. Contrary to a widespread misconception, NEPA does not prohibit the federal government or its licensees/permittees from harming the environment, nor does it specify any penalty if the EIS turns out to be inaccurate, intentionally or otherwise. NEPA requires that plausible statements as to the prospective impacts be disclosed in advance. The purpose of NEPA process is to ensure that the decision maker is fully informed of the environmental aspects and consequences prior to making the final decision.

Usually, an agency will release a Draft Environmental Impact Statement (DEIS) for comment. Interested parties and the general public have the opportunity to comment on the draft, after which the agency will approve the Final Environmental Impact Statement (FEIS). Occasionally, the agency will later release a Supplemental Environmental Impact Statement (SEIS), especially if environmental conditions suddenly change after the issuance of the FEIS.

The adequacy of an EIS can be challenged in court. Major proposed projects have been blocked because of an agency's failure to prepare an acceptable EIS. One prominent example was the Westway landfill and highway development in and along the Hudson River in New York City [5]. For other uses of the term Westway see Westway Westway was the name of a proposed project to put New York City 's West Side Highway underground The Hudson River, called Muh-he-kun-ne-tuk, the Great Mohegan by the Iroquois, or as the Lenape Native Americans called it in Unami The City of New York Another prominent case involved the Sierra Club suing the Nevada Department of Transportation over its denial of Sierra Club's request to issue a supplemental EIS addressing air emissions of particulate matter and hazardous air pollutants in the case of widening US Highway 95 through Las Vegas. The Nevada Department of Transportation (NDOT is a Governmental agency in the U Particulates, alternatively referred to as particulate matter (PM or fine particles, are tiny particles of solid or liquid suspended in a gas Air pollution is the human introduction into the atmosphere of Chemicals Particulate matter, or Biological materials that cause harm or discomfort [6] The case reached the 9th Circuit Court of the United States, which led to construction on the highway being halted until the court's final decision. Circuit court is the name of court systems in several Common law jurisdictions The case was settled prior to the court's final decision.

Several US state governments that have adopted "little NEPA's," i. A US state is any one of the fifty subnational entities of the United States of America that share Sovereignty with the federal government e. , state laws imposing EIS requirements for particular state actions and some of those state laws refer to the required environmental impact studies as Environmental Impact Reports or Environmental Impact Assessments. [7] For example, the California Environmental Quality Act (CEQA) requires an Environmental Impact Report (EIR). The California Environmental Quality Act (CEQA is a California Law (California Public Resources Code section 21000 et seq

These various state requirements are yielding voluminous data not just upon impacts of individual projects, but also to elucidate scientific areas that had not been sufficiently researched. For example, in a seemingly routine Environmental Impact Report for the city of Monterey, California, information came to light that led to the official federal endangered species listing of Hickman's potentilla, a rare coastal wildflower. Hickman's potentilla ( Potentilla hickmanii) is an endangered perennial Herb of the rose family A wildflower (or wild flower) is a Flower that grows wild meaning it was not intentionally seeded or planted

Transboundary EIA

Environmental threats do not respect national borders. European governments realized that to avert this danger, they must notify and consult each other on all major projects under consideration that might have adverse environmental impact across borders. The UNECE Convention on Environmental Impact Assessment in a Transboundary Context was negotiated to provide an international legal framework for transboundary EIA. The United Nations Economic Commission for Europe (UNECE or ECE was established in 1947 to encourage economic cooperation among its member States The Convention on Environmental Impact Assessment in a Transboundary Context is a UNECE convention signed in Espoo, Finland, in 1991 that entered [8]

See also

References

  1. ^ Principle of Environmental Impact Assessment Best Practice (pdf). Environmental goods is a sub-category of Public goods which includes clean air clean water quiet beautiful landscape The theory and practice of Environmental impact assessment developed from the appreciation that development projects can have negative impacts - externalities An environmental impact statement, in the United States, is a document that must be filed when the federal government takes a "major Federal action significantly The Equator Principles (EP are a set of environmental and social benchmarks for managing environmental and social issues in development Project finance globally Health Impact Assessment (HIA is defined as "a combination of procedures methods and tools bywhich a policy program or project may be judged as to its potential effects on thehealth The Healthy Development Measurement Tool (HDMT, developed by the San Francisco Department of Public Health, provides an approach for evaluating land use planning and urban development The Leopold matrix is a qualitative Environmental impact assessment method used to identify the potential environmental impact of a project on the environment A Phase I Environmental Site Assessment is a report prepared for a real estate holding which identifies potential or existing environmental contamination liabilities. Social Impact Assessment (SIA is a methodology to review the social effects of infrastructure projects and other development interventions Strategic Environmental Assessment (SEA is a system of incorporating environmental considerations into policies plans and programmes International Association for Impact Assessment (1999).
  2. ^ Wang, Alex (2007-02-05). Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. Events 1576 - Henry of Navarre converts to Roman Catholicism in order to ensure his right to the throne of France. Environmental protection in China: the role of law.
  3. ^ Gu, Lin (2005-09-29). Year 2005 ( MMV) was a Common year starting on Saturday (link displays full calendar of the Gregorian calendar. Events 522 BC - Darius I of Persia kills the Magian usurper Gaumâta securing his hold as king of the Persian Empire. China Improves Enforcement of Environmental Laws. China Features.
  4. ^ Watson, Michael (November 13-15, 2003). Environmental Impact Assessment and European Community Law. XIV International Conference "Danube-River of Cooperation".
  5. ^ Court decision in Sierra Club v. Mission statement To explore enjoy and protect the wild places of the earth To practice and promote the responsible use of the earth's ecosystems and resources To educate and United States Army Corps of Engineers
  6. ^ Ritter, John. The United States Army Corps of Engineers ( USACE) is a federal agency and a major Army command made up of some 34600 Civilian and 650 Military personnel "Lawsuit pits risks and roads", USA Today, 2003-06-03. USA TODAY is a national American daily Newspaper published by the Gannett Company. Year 2003 ( MMIII) was a Common year starting on Wednesday of the Gregorian calendar. Events 350 - Roman usurper Nepotianus, of the Constantinian dynasty, proclaims himself Roman Emperor, entering  
  7. ^ Sive,D. & Chertok,M., "Little NEPAs" and Environmental Impact Assessment Procedures
  8. ^ Convention on Environmental Impact Assessment in a Transboundary Context (Espoo, 1991)

Further reading

External links


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