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Saturday, January 12, 2019

Environmental impact assessment

From Wikipedia, the free encyclopedia

Environmental assessment (EA) is the assessment of the environmental consequences (positive and negative) of a plan, policy, program, or actual projects prior to the decision to move forward with the proposed action. In this context, the term "environmental impact assessment" (EIA) is usually used when applied to actual projects by individuals or companies and the term "strategic environmental assessment" (SEA) applies to policies, plans and programmes most often proposed by organs of state. Environmental assessments may be governed by rules of administrative procedure regarding public participation and documentation of decision making, and may be subject to judicial review.

The purpose of the assessment is to ensure that decision makers consider the environmental impacts when deciding whether or not to proceed with a project. The International Association for Impact Assessment (IAIA) defines an environmental impact assessment 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". EIAs are unique in that they do not require adherence to a predetermined environmental outcome, but rather they require decision makers to account for environmental values in their decisions and to justify those decisions in light of detailed environmental studies and public comments on the potential environmental impacts.

History

Environmental impact assessments commenced in the 1960s, as part of increasing environmental awareness. EIAs involved a technical evaluation intended to contribute to more objective decision making. In the United States, environmental impact assessments obtained formal status in 1969, with enactment of the National Environmental Policy Act. EIAs have been used increasingly around the world. The number of "Environmental Assessments" filed every year "has vastly overtaken the number of more rigorous Environmental Impact Statements (EIS)." An Environmental Assessment is a "mini-EIS designed to provide sufficient information to allow the agency to decide whether the preparation of a full-blown Environmental Impact Statement (EIS) is necessary." EIA is an activity that is done to find out the impact that would be done before development will occur.

Methods

General and industry specific assessment methods are available including:
  • Industrial products – Product environmental life cycle analysis (LCA) is used for identifying and measuring the impact of industrial products on the environment. These EIAs consider activities related to extraction of raw materials, ancillary materials, equipment; production, use, disposal and ancillary equipment.
  • Genetically modified plants – Specific methods available to perform EIAs of genetically modified organisms include GMP-RAM and INOVA.
  • Fuzzy logic – EIA methods need measurement data to estimate values of impact indicators. However, many of the environment impacts cannot be quantified, e.g. landscape quality, lifestyle quality and social acceptance. Instead information from similar EIAs, expert judgment and community sentiment are employed. Approximate reasoning methods known as fuzzy logic can be used. A fuzzy arithmetic approach has also been proposed and implemented using a software tool (TDEIA).

Follow-up

At the end of the project, an audit evaluates the accuracy of the EIA by comparing actual to predicted impacts. The objective is to make future EIAs more valid and effective. Two primary considerations are:
  • Scientific – to examine the accuracy of predictions and explain errors
  • Management – to assess the success of mitigation in reducing impacts
Audits can be performed either as a rigorous assessment of the null hypothesis or with a simpler approach comparing what actually occurred against the predictions in the EIA document.

After an EIA, the precautionary and polluter pays principles may be applied to decide whether to reject, modify or require strict liability or insurance coverage to a project, based on predicted harms.

The Hydropower Sustainability Assessment Protocol is a sector specific method for checking the quality of Environmental and Social assessments and management plans.

Around the world

Australia

The history of EIA in Australia could be linked to the enactment of the U.S. National Environment Policy Act (NEPA) in 1970, which made the preparation of environmental impact statements a requirement. In Australia, one might say that the EIA procedures were introduced at a State Level prior to that of the Commonwealth (Federal), with a majority of the states having divergent views to the Commonwealth. One of the pioneering states was New South Wales, whose State Pollution Control Commission issued EIA guidelines in 1974. At a Commonwealth (i.e. Federal) level, this was followed by passing of the Environment Protection (Impact of Proposals) Act 1974 (Cth) in 1974. The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) superseded the Environment Protection (Impact of Proposals) Act 1974 (Cth) and is the current central piece for EIA in Australia on a Commonwealth (i.e. Federal) level. An important point to note is that this federal legislation does not override the validity of the States or Territories environmental and development assessments and approvals; rather the EPBC Act runs as a parallel to the State/Territory Systems. 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.

The Commonwealth Level

The EPBC Act provides a legal framework to protect and manage nationally and internationally important flora, fauna, ecological communities and heritage places-defined in the EPBC Act as matters of ‘National Environmental Significance’. Following are the nine matters of ‘National Environmental Significance’ to which the EPBC Act applies:
  • World Heritage properties;
  • National Heritage places;
  • Wetlands of international importance (listed under the Ramsar Convention);
  • Listed threatened species and ecological communities;
  • Migratory species protected under international agreements;
  • Commonwealth marine areas;
  • the Great Barrier Reef Marine Park;
  • Nuclear actions (including uranium mining); and
  • Water resources, in relation with coal seam gas development and large coal mining development.
In addition to this, the EPBC Act aims at providing a streamlined national assessment and approval process for activities. These activities could be by the Commonwealth, or its agents, anywhere in the world or activities on Commonwealth land; and activities that are listed as having a ‘significant impact’ on matters of ‘national environment significance'.

The EPBC Act comes into play when a person (a ‘proponent') wants an action (often called a ‘proposal’ or ‘project’) assessed for environmental impacts under the EPBC Act, he or she must refer the project to the Department of the Environment and Energy (Commonwealth). This ‘referral’ is then released to the public, as well as relevant state, territory and Commonwealth ministers, for comment on whether the project is likely to have a significant impact on matters of national environmental significance. The Department of the Environment and Energy assess the process and makes recommendation to the minister or the delegate for the feasibility. The final discretion on the decision remains of the minister, which is not solely based on matters of ‘national environmental significance’ but also the consideration of social and economic impact of the project.

The Australian Government Minister for the Environment and Energy cannot intervene in a proposal if it has no significant impact on one of the eight matters of ‘national environmental significance’ despite the fact that there may be other undesirable environmental impacts. This is primarily due to the division of powers between the States and the Federal government and due to which the Australian Government environment minister cannot overturn a state decision. 

There are strict civil and criminal penalties for the breach of EPBC Act. Depending on the kind of breach, civil penalty (maximum) may go up to $550,000 for an individual and $5.5 million for a body corporate, or for criminal penalty (maximum) of seven years imprisonment and/or penalty of $46,200.

The State and Territory Level

Australian Capital Territory (ACT)
EIA provisions within Ministerial Authorities in the ACT are found in the Chapters 7 and 8 of the Planning and Development Act 2007 (ACT). EIA in ACT was previously administered with the help of Part 4 of the Land (Planning and Environment) Act 1991 (Land Act) and Territory Plan (plan for land-use). Note that some EIA may occur in the ACT on Commonwealth land under the EPBC Act (Cth). Further provisions of the Australian Capital Territory (Planning and Land Management) Act 1988 (Cth) may also be applicable particularly to national land and "designated areas".
New South Wales (NSW)
In New South Wales, the Environment Planning and Assessment Act 1979 (EP&A Act) establishes two pathways for EIA. The first is under Division 5.2 of the EP&A Act, which provides for EIA of 'State Significant Infrastructure' projects (from June 2011, this Part replaced the previous Part 3A, which previously covered EIA of major projects). The second is under Part 4 of the EP&A Act dealing with development assessments for local, regional, and State Significant Developments (other than State Significant Infrastructure).
Northern Territory (NT)
The EIA process in Northern Territory is chiefly administered under the Environmental Assessment Act (EAA). Although EAA is the primary tool for EIA in Northern Territory, there are further provisions for proposals in the Inquiries Act 1985 (NT).
Queensland (QLD)
There are four main EIA processes in Queensland. Firstly, under the Integrated Planning Act 1997 (IPA) for development projects other than mining. Secondly, under the Chapter 3 of the Environmental Protection Act 1994 (Qld) (EP Act) for some mining and petroleum activities. Thirdly, under the State Development and Public Works Organisation Act 1971 (Qld) (State Development Act) for ‘significant projects’. Finally, under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) for ‘controlled actions’.

South Australia (SA)

The local governing tool for EIA in South Australia is the Development Act 1993 (SA). There are three levels of assessment possible under the Act in the form of an environment impact statement (EIS), a public environmental report (PER) or a Development Report (DR).
Tasmania (TAS)
In Tasmania, an integrated system of legislation is used to govern development and approval process, this system is a mixture of the Environmental Management and Pollution Control Act 1994 (Tas) (EMPC Act), Land Use Planning and Approvals Act 1993 (Tas) (LUPA Act), State Policies and Projects Act 1993 (Tas) (SPPA), and Resource Management and Planning Appeals Tribunal Act 1993 (Tas).
Victoria (VIC)
The EIA process in Victoria is intertwined with the Environment Effects Act 1978 (Vic) and the Ministerial Guidelines for Assessment of Environmental Effects (made under the s 10 of the EE Act).
Western Australia (WA)
Part 4 of the Environmental Protection Act 1986 (WA) provides the legislative framework for the EIA process in Western Australia. The EPA Act oversees the planning and development proposals and assesses their likely impacts on the environment.

Canada

In Friends of the Oldman River Society v. Canada (Minister of Transportation),(SCC 1992) La Forest J of the Supreme Court of Canada described environmental impact assessment in terms of the proper scope of federal jurisdiction with respect to environments matters,
Environmental impact assessment is, in its simplest form, a planning tool that is now generally regarded as an integral component of sound decision-making.
Supreme Court Justice La Forest cited (Cotton, Emond & 1981 245), "The basic concepts behind environmental assessment are simply stated: (1) early identification and evaluation of all potential environmental consequences of a proposed undertaking; (2) decision making that both guarantees the adequacy of this process and reconciles, to the greatest extent possible, the proponent’s development desires with environmental protection and preservation."

La Forest referred to (Jeffrey 1989, 1.2,1.4) and (Emond 1978, p. 5) who described "...environmental assessments as a planning tool with both an information-gathering and a decision-making component" that provide "...an objective basis for granting or denying approval for a proposed development."

Justice La Forest addressed his concerns about the implications of Bill C-45 regarding public navigation rights on lakes and rivers that would contradict previous cases.(La Forest, 1973 & 178-80)

The Canadian Environmental Assessment Act 2012 (CEAA 2012) "and its regulations establish the legislative basis for the federal practice of environmental assessment in most regions of Canada." CEAA 2012 came into force July 6, 2012 and replaces the former Canadian Environmental Assessment Act (1995). EA is defined as a planning tool to identify, understand, assess and mitigate, where possible, the environmental effects of a project. 

"The purposes of this Act are: 
 
(a) to protect the components of the environment that are within the legislative authority of Parliament from significant adverse environmental effects caused by a designated project; (b) to ensure that designated projects that require the exercise of a power or performance of a duty or function by a federal authority under any Act of Parliament other than this Act to be carried out, are considered in a careful and precautionary manner to avoid significant adverse environmental effects; (c) to promote cooperation and coordinated action between federal and provincial governments with respect to environmental assessments; (d) to promote communication and cooperation with aboriginal peoples with respect to environmental assessments; (e) to ensure that opportunities are provided for meaningful public participation during an environmental assessment; (f) to ensure that an environmental assessment is completed in a timely manner; (g) to ensure that projects, as defined in section 66, that are to be carried out on federal lands, or those that are outside Canada and that are to be carried out or financially supported by a federal authority, are considered in a careful and precautionary manner to avoid significant adverse environmental effects; (h) to encourage federal authorities to take actions that promote sustainable development in order to achieve or maintain a healthy environment and a healthy economy; and (i) to encourage the study of the cumulative effects of physical activities in a region and the consideration of those study results in environmental assessments."
Canadian Environmental Assessment Act

Opposition

Environmental Lawyer Dianne Saxe argued that the CEAA 2012 "allows the federal government to create mandatory timelines for assessments of even the largest and most important projects, regardless of public opposition." (Saxe 2012)
Now that federal environmental assessments are gone, the federal government will only assess very large, very important projects. But it’s going to do them in a hurry."--Dianne Saxe
On 3 August 2012 the Canadian Environmental Assessment Agency nine "designated projects" with their timelines: Enbridge Northern Gateway Pipeline Joint Review Panel (JRP) 18 months; Marathon Platinum Group Metals and Copper Mine Project (JRP): 13 months; Site C Clean Energy Project (JRP) 8.5 months; Deep Geologic Repository Project (JRP) 17 months; Enbridge Northern Gateway Project (JRP) 18 months; Jackpine Mine Expansion Project (JRP) 11.5 months; Pierre River Mine Project: 8 months; New Prosperity Gold-Copper Mine Project (JRP) 7.5 months; Frontier Oil Sands Mine Project (JRP) 8.5 months; EnCana/Cenovus Shallow Gas Infill Project (JRP) 5 months.

Saxe compares these timelines with environmental assessments for the Mackenzie Valley Pipeline. Thomas R. Berger, Royal Commissioner of the Mackenzie Valley Pipeline Inquiry (9 May 1977), worked extremely hard to ensure that industrial development on Aboriginal people's land resulted in benefits to those indigenous people.

On 22 April 2013, Official Opposition Environment critic Megan Leslie issued a statement claiming that the federal government's recent changes to "fish habitat protection, the Navigable Waters Protection Act and the Canadian Environmental Assessment Act", along with gutting existing laws and making cuts to science and research, "will be disastrous, not only for the environment, but also for Canadians’ health and economic prosperity." On 26 September 2012, Leslie argued that with the changes to the Canadian Environmental Assessment Act that came into effect 6 July 2012, "seismic testing, dams, wind farms and power plants" no longer required any federal environmental assessment. She also claimed that because the CEAA 2012—which she claimed was rushed through Parliament—dismantled the CEAA 1995, the Oshawa ethanol plant project would no longer have a full federal environmental assessment. Mr. Peter Kent (Minister of the Environment) explained that the CEAA 2012 "provides for the Government of Canada and the Environmental Assessment Agency to focus on the large and most significant projects that are being proposed across the country." The 2,000 to 3,000-plus smaller screenings that were in effect under CEAA 1995 became the "responsibility of lower levels of government but are still subject to the same strict federal environmental laws." Anne Minh-Thu Quach, MP for Beauharnois—Salaberry, QC, argued that the mammoth budget bill dismantled 50 years of environmental protection without consulting Canadians about the "colossal changes they are making to environmental assessments." She claimed that the federal government is entering into "limited consultations, by invitation only, months after the damage was done."

China

The Environmental Impact Assessment Law (EIA Law) requires that an environmental impact assessment 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.

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. 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 30–40% of the mining construction projects went through the procedure of environment impact assessment as required, while in some areas only 6–7% 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. In fact, according to Wang, the rate of China's environmental laws and regulations that are actually enforced is estimated at barely 10%.

Egypt

Environmental Impact Assessment (EIA) EIA is implemented in Egypt under the umbrella of the Ministry of state for environmental affairs. The Egyptian Environmental Affairs Agency (EEAA) is responsible for the EIA services.

In June 1997, the responsibility of Egypt's first full-time Minister of State for Environmental Affairs was assigned as stated in the Presidential Decree no.275/1997. From thereon, the new ministry has focused, in close collaboration with the national and international development partners, on defining environmental policies, setting priorities and implementing initiatives within a context of sustainable development.

According to the Law 4/1994 for the Protection of the Environment, the Egyptian Environmental Affairs Agency (EEAA) was restructured with the new mandate to substitute the institution initially established in 1982. At the central level, EEAA represents the executive arm of the Ministry.

The purpose of EIA is to ensure the protection and conservation of the environment and natural resources including human health aspects against uncontrolled development. The long-term objective is to ensure a sustainable economic development that meets present needs without compromising future generations ability to meet their own needs. EIA is an important tool in the integrated environmental management approach.

EIA must be performed for new establishments or projects and for expansions or renovations of existing establishments according to the Law for the Environment.

EU

A wide range of instruments exist in the Environmental policy of the European Union. Among them the European Union has established a mix of mandatory and discretionary procedures to assess environmental impacts. European Union Directive (85/337/EEC) on Environmental Impact Assessments (known as the EIA Directive) was first introduced in 1985 and was amended in 1997. The directive was amended again in 2003, following EU signature of the 1998 Aarhus Convention, and once more in 2009. The initial Directive of 1985 and its three amendments have been codified in Directive 2011/92/EU of 13 December 2011. In 2001, the issue was enlarged to the assessment of plans and programmes by the so-called Strategic Environmental Assessment (SEA) Directive (2001/42/EC), which is now in force. 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
    • Description of actual project and site description
    • Break the project down into its key components, i.e. construction, operations, decommissioning
    • For each component list all of the sources of environmental disturbance
    • For each component all the inputs and outputs must be listed, e.g., air pollution, noise, hydrology
  2. Alternatives that have been considered
    • Examine alternatives that have been considered
    • Example: in a biomass power station, will the fuel be sourced locally or nationally?
  3. Description of the environment
    • List of all aspects of the environment that may be affected by the development
    • Example: populations, fauna, flora, air, soil, water, humans, landscape, cultural heritage
    • This section is best carried out with the help of local experts, e.g. the RSPB in the UK
  4. Description of the significant effects on the environment
    • The word significant is crucial here as the definition can vary
    • 'Significant' must be defined
    • The most frequent method used here is use of the Leopold matrix
    • The matrix is a tool used in the systematic examination of potential interactions
    • Example: in a windfarm development a significant impact may be collisions with birds
  5. Mitigation
    • This is where EIA is most useful
    • Once section 4 is complete, it is obvious where impacts are greatest
    • Using this information ways to avoid negative impacts should be developed
    • Best working with the developer with this section as they know the project best
    • Using the windfarm example again, construction could be out of bird nesting seasons. Or removal of hardstanding on a potentially contaminated land site, out of the rainy season.
  6. Non-technical summary (EIS)
    • The EIA is in the public domain and be used in the decision making process
    • It is important that the information is available to the public
    • This section is a summary that does not include jargon or complicated diagrams
    • It should be understood by the informed lay-person
  7. Lack of know-how/technical difficulties
    • This section is to advise any areas of weakness in knowledge
    • It can be used to focus areas of future research
    • Some developers see the EIA as a starting block for poor environmental management

Annexed projects

All projects are either classified as Annex 1 or Annex 2 projects. Those lying in Annex 1 are large scale developments such as motorways, chemical works, bridges, power stations etc. These always require an EIA under the Environmental Impact Assessment Directive (85,337,EEC as amended). Annex 2 projects are smaller in scale than those referred to in Annex 1. Member States must determine whether these project shall be made subject to an assessment subject to a set of criteria set out in Annex 3 of codified Directive 2011/92/EU.

The Netherlands

EIA was implemented in Dutch legislation on September 1, 1987. The categories of projects that require an EIA are summarized in Dutch legislation, the Wet milieubeheer. The use of thresholds for activities makes sure that EIA is obligatory for those activities that may have considerable impacts on the environment.

For projects and plans that fit these criteria, an EIA report is required. The EIA report defines a.o. the proposed initiative, it makes clear the impact of that initiative on the environment and compares this with the impact of possible alternatives with less a negative impact.

Hong Kong

EIA in Hong Kong, since 1998, is regulated by the Environmental Impact Assessment Ordinance 1997.

The original proposal to construct the Lok Ma Chau Spur Line overground across the Long Valley failed to get through EIA, and the Kowloon–Canton Railway Corporation had to change its plan and build the railway underground. In April 2011, the EIA of the Hong Kong section of the Hong Kong-Zhuhai-Macau Bridge was found to have breached the ordinance, and was declared unlawful. The appeal by the government was allowed in September 2011. However, it was estimated that this EIA court case had increased the construction cost of the Hong Kong section of the bridge by HK$6.5 billion in money-of-the-day prices.

Iraq

Ministry of Environment of the federal government of Iraq is in charge of issuing Environmental compliance certificate based on an EIA report prepared by professional consultant and thoroughly reviewed by MOE. Any project or activity prior to its establishment or even already existing project has to be approved and obtain such certificate from the MOE. Projects are classified into 3 categories; “A”, “B” and “C”. EIA report is usually obligatory for those projects and activities falling under categories “A” (large-scale) and “B” (small-scale) that may have considerable impacts on environment. An example of “A” category activities such as: dams and reservoirs, forestry production projects, industrial plants, irrigation, drainage and flood control, land clearance and leveling, port and harbor development, river basin development, thermal power and hydro-power development, manufacture, transportation and use of pesticides or other hazardous materials, hazardous waste management and disposal....etc. An example of “B” category activities such as: agro-industries, electrical transmission, renewable energy, rural electrification, tourism, rehabilitation or maintenance of highway or rural roads, rehabilitation or modification of existing industrial facilities...etc. preparation of EIA report is usually exempt for projects falling under category “C” that may have low to no impact on environment, and example of “C” category activities: small fish breeding pond, institutional development, most human resources projects...etc.

The main environmental legislations in Iraq are: Law No.64 for cities and land use (1965), Law No.21 for noise prevention (1966), Law No.25 for system of rivers and other water resources protection (1967), Law No.99 for ionized radiation (1980), Law No.89 for public health (drinking water provision, sanitation and environmental monitoring (1981), Law No.79 for protection and improvement of environment (1986), Environmental criteria for agricultural, industrial and public service projects (1990), Law No.3 for protection and improvement of environment (1997), Law No.2 for water systems protection (2001), Law No.44 for creation of Ministry of Environment instead of the council of protection and improvement of environment (2003), Law No.27 for environmental protection and improvement (2009), Law No.4 for protection of ambient air system (2012).

Meanwhile, Environmental Protection and Improvement Board in the regional government of Kurdistan in the northern Iraq (Erbil, Duhok, Sulaimany and Garmyan) is responsible of issuing Environmental compliance certificate, the board was established according to law No.3 Environmental protection and improvement board in Iraqi Kurdistan Region (2010). The board is responsible of issuing such certificate for all projects and activities except of petroleum operation which EIA process is organized and implemented by the Ministry of Natural Resources of Kurdistan Regional government. The same Iraqi Environmental Legislations mentioned are adopted but the procedure of EIA in Iraqi-Kurdistan region government may differ from the one in the Federal government of Iraq.

India

The Ministry of Environment, Forests and Climate Change (MoEFCC) of India has been in a great effort in Environmental Impact Assessment in India. The main laws in action are the Water Act(1974), the Indian Wildlife (Protection) Act (1972), the Air (Prevention and Control of Pollution) Act (1981) and the Environment (Protection) Act (1986),Biological Diversity Act(2002). The responsible body for this is the Central Pollution Control Board. Environmental Impact Assessment (EIA) studies need a significant amount of primary and secondary environmental data. Primary data are those collected in the field to define the status of the environment (like air quality data, water quality data etc.). Secondary data are those collected over the years that can be used to understand the existing environmental scenario of the study area. The environmental impact assessment (EIA) studies are conducted over a short period of time and therefore the understanding of the environmental trends, based on a few months of primary data, has limitations. Ideally, the primary data must be considered along with the secondary data for complete understanding of the existing environmental status of the area. In many EIA studies, the secondary data needs could be as high as 80% of the total data requirement. EIC is the repository of one stop secondary data source for environmental impact assessment in India.

The Environmental Impact Assessment (EIA) experience in India indicates that the lack of timely availability of reliable and authentic environmental data has been a major bottle neck in achieving the full benefits of EIA. The environment being a multi-disciplinary subject, a multitude of agencies are involved in collection of environmental data. However, no single organization in India tracks available data from these agencies and makes it available in one place in a form required by environmental impact assessment practitioners. Further, environmental data is not available in enhanced forms that improve the quality of the EIA. This makes it harder and more time-consuming to generate environmental impact assessments and receive timely environmental clearances from regulators. With this background, the Environmental Information Centre (EIC) has been set up to serve as a professionally managed clearing house of environmental information that can be used by MoEF, project proponents, consultants, NGOs and other stakeholders involved in the process of environmental impact assessment in India. EIC caters to the need of creating and disseminating of organized environmental data for various developmental initiatives all over the country.

EIC stores data in GIS format and makes it available to all environmental impact assessment studies and to EIA stakeholders in a cost effective and timely manner. So that we can manage that in different proportions such as remedy measures etc.,

Malaysia

In Malaysia, Section 34A, Environmental Quality Act, 1974 requires developments that have significant impact to the environment are required to conduct the Environmental impact assessment.

Nepal

In Nepal, EIA has been integrated in major development projects since the early 1980s. In the planning history of Nepal, the sixth plan (1980–85), for the first time, recognized the need for EIA with the establishment of Environmental Impact Study Project (EISP) under the Department of Soil Conservation in 1982 to develop necessary instruments for integration of EIA in infrastructure development projects. However, the government of Nepal enunciated environment conservation related policies in the seventh plan (NPC, 1985–1990). To enforce this policy and make necessary arrangements, a series of guidelines were developed, thereby incorporating the elements of environmental factors right from the project formulation stage of the development plans and projects and to avoid or minimize adverse effects on the ecological system. In addition, it has also emphasized that EIAs of industry, tourism, water resources, transportation, urbanization, agriculture, forest and other developmental projects be conducted.

In Nepal, the government's Environmental Impact Assessment Guideline of 1993 inspired the enactment of the Environment Protection Act (EPA) of 1997 and the Environment Protection Rules (EPR) of 1997 (EPA and EPR have been enforced since 24 and 26 June 1997 respectively in Nepal) to internalizing the environmental assessment system. The process institutionalized the EIA process in development proposals and enactment, which makes the integration of IEE and EIA legally binding to the prescribed projects. The projects, requiring EIA or IEE, are included in Schedules 1 and 2 of the EPR, 1997 (GoN/MoLJPA 1997).

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. 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. Section 88 of the Act specifies that the AEE must include "such detail as corresponds with the scale and significance of the effects that the activity may have on the environment". While there is no duty to consult any person when making a resource consent application (Sections 36A and Schedule 4), proof of consultation is almost certain required by local councils when they decide whether or not to publicly notify the consent application under Section 93.

Russian Federation

As of 2004, the state authority responsible for conducting the State EIA in Russia has been split between two Federal bodies: 1) Federal service for monitoring the use of natural resources – a part of the Russian Ministry for Natural Resources and Environment and 2) Federal Service for Ecological, Technological and Nuclear Control. The two main pieces of environmental legislation in Russia are: The Federal Law ‘On Ecological Expertise, 1995 and the ‘Regulations on Assessment of Impact from Intended Business and Other Activity on Environment in the Russian Federation, 2000.

Federal Service for monitoring the use of natural resources

In 2006, the parliament committee on ecology in conjunction with the Ministry for Natural Resources and Environment, created a working group to prepare a number of amendments to existing legislation to cover such topics as stringent project documentation for building of potentially environmentally damaging objects as well as building of projects on the territory of protected areas. There has been some success in this area, as evidenced from abandonment of plans to construct a gas pipe-line through the only remaining habitat of the critically endangered Amur leopard in the Russian Far East.

Federal Service for Ecological, Technological and Nuclear Control

The government's decision to hand over control over several important procedures, including state EIA in the field of all types of energy projects, to the Federal Service for Ecological, Technological and Nuclear Control had caused a major controversy and criticism from environmental groups that blamed the government for giving nuclear power industry control over the state EIA. 

Not surprisingly the main problem concerning State EIA in Russia is the clear differentiation of jurisdiction between the two above-mentioned Federal bodies.

Sri Lanka

The National Environmental Act, 1998 requires environmental impact assessment for large scale projects in sensitive areas. It is enforced by the Central Environmental Authority.

Ukraine

The new law of Ukraine on evaluation of impact on surroundings prescribes the requirements of environmental safety, rational use of national resources, minimizing of harmful impact on surroundings in the process of making managerial decisions about planned activity. The designing of the conclusion of evaluation of impact is a result of its conducting. The key moment of the law on evaluation of impact on surroundings is a substitution of conclusion of state environmental experize on the conclusion of evaluation of impact on surroundings. Business entity is forbidden to conduct or to start its planned activity without the conclusion of impact on surroundings.

United States

The National Environmental Policy Act of 1969 (NEPA), enacted in 1970, established a policy of environmental impact assessment for federal agency actions, federally funded activities or federally permitted/licensed activities that in the U. S. is termed "environmental review" or simply "the NEPA process." The law also created the Council on Environmental Quality, which promulgated regulations to codify the law's requirements. Under United States environmental law an Environmental Assessment (EA) is compiled to determine the need for an Environmental Impact Statement (EIS). Federal or federalized actions expected to subject or be subject to significant environmental impacts will publish a Notice of Intent to Prepare an EIS as soon as significance is known. Certain actions of federal agencies must be preceded by the NEPA process. 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 an environmental impact assessment 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.

Environmental assessment

An environmental assessment (EA) is an environmental analysis prepared pursuant to the National Environmental Policy Act to determine whether a federal action would significantly affect the environment and thus require a more detailed Environmental Impact Statement (EIS). The certified release of an Environmental Assessment results in either a Finding of No Significant Impact (FONSI) or an EIS.

The Council on Environmental Quality (CEQ), which oversees the administration of NEPA, issued regulations for implementing the NEPA in 1979. Eccleston reports that the NEPA regulations barely mention preparation of EAs. This is because the EA was originally intended to be a simple document used in relatively rare instances where an agency was not sure if the potential significance of an action would be sufficient to trigger preparation of an EIS. But today, because EISs are so much longer and complicated to prepare, federal agencies are going to great effort to avoid preparing EISs by using EAs, even in cases where the use of EAs may be inappropriate. The ratio of EAs that are being issued compared to EISs is about 100 to 1.

Likewise, even the preparation of an accurate EA is viewed today as an onerous burden by many entities responsible for the environmental review of a proposal. Federal agencies have responded by streamlining their regulations that implement NEPA environmental review, by defining categories of projects that by their well understood nature may be safely excluded from review under NEPA, and by drawing up lists of project types that have negligible material impact upon the environment and can thus be exempted.
Content
The Environmental Assessment is a concise public document prepared by the federal action agency that serves to:
  1. Briefly provide sufficient evidence and analysis for determining whether to prepare an EIS or a Finding of No Significant Impact (FONSI)
  2. Demonstrate compliance with the act when no EIS is required
  3. facilitate the preparation of an EIS when a FONSI cannot be demonstrated
The Environmental Assessment includes a brief discussion of the purpose and need of the proposal and of its alternatives as required by NEPA 102(2)(E), and of the human environmental impacts resulting from and occurring to the proposed actions and alternatives considered practicable, plus a listing of studies conducted and agencies and stakeholders consulted to reach these conclusions. The action agency must approve an EA before it is made available to the public. The EA is made public through notices of availability by local, state, or regional clearing houses, often triggered by the purchase of a public notice advertisement in a newspaper of general circulation in the proposed activity area.
Structure
The structure of a generic Environmental Assessment is as follows:
  1. Summary
  2. Introduction
    • Background
    • Purpose and Need for Action
    • Proposed Action
    • Decision Framework
    • Public Involvement
    • Issues
  3. Alternatives, including the Proposed Action
    • Alternatives
    • Mitigation Common to All Alternatives
    • Comparison of Alternatives
  4. Environmental Consequences
  5. Consultation and Coordination
Procedure
The EA becomes a draft public document when notice of it is published, usually in a newspaper of general circulation in the area affected by the proposal. There is a 15-day review period required for an Environmental Assessment (30 days if exceptional circumstances) while the document is made available for public commentary, and a similar time for any objection to improper process. Commenting on the Draft EA is typically done in writing or email, submitted to the lead action agency as published in the notice of availability. An EA does not require a public hearing for verbal comments. Following the mandated public comment period, the lead action agency responds to any comments, and certifies either a FONSI or a Notice of Intent (NOI) to prepare an EIS in its public environmental review record. The preparation of an EIS then generates a similar but more lengthy, involved and expensive process.

Environmental impact statement

The adequacy of an environmental impact statement (EIS) can be challenged in federal 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. Another prominent case involved the Sierra Club suing the Nevada Department of Transportation over its denial of the club's request to issue a supplemental EIS addressing air emissions of particulate matter and hazardous air pollutants in the case of widening U.S. Route 95 through Las Vegas. The case reached the United States Court of Appeals for the Ninth Circuit, which led to construction on the highway being halted until the court's final decision. The case was settled prior to the court's final decision.

Several state governments that have adopted "little NEPAs," state laws imposing EIS requirements for particular state actions. Some of those state laws such as the California Environmental Quality Act refer to the required environmental impact study as an environmental impact report.

This variety of state requirements produces voluminous data not just upon impacts of individual projects, but also in insufficiently researched scientific domains. 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.

Transboundary application

Environmental threats do not respect national borders. International pollution can have detrimental effects on the atmosphere, oceans, rivers, aquifers, farmland, the weather and biodiversity. Global climate change is transnational. Specific pollution threats include acid rain, radioactive contamination, debris in outer space, stratospheric ozone depletion and toxic oil spills. The Chernobyl disaster, precipitated by a nuclear accident on April 26, 1986, is a stark reminder of the devastating effects of transboundary nuclear pollution.

Environmental protection is inherently a cross-border issue and has led to the creation of transnational regulation via multilateral and bilateral treaties. The United Nations Conference on the Human Environment (UNCHE or Stockholm Conference) held in Stockholm in 1972 and the United Nations Conference on the Environment and Development (UNCED or Rio Summit, Rio Conference, or Earth Summit) held in Rio de Janeiro in 1992 were key in the creation of about 1,000 international instruments that include at least some provisions related to the environment and its protection.

The United Nations Economic Commission for Europe's Convention on Environmental Impact Assessment in a Transboundary Context was negotiated to provide an international legal framework for transboundary EIA.

However, as there is no universal legislature or administration with a comprehensive mandate, most international treaties exist parallel to one another and are further developed without the benefit of consideration being given to potential conflicts with other agreements. There is also the issue of international enforcement. This has led to duplications and failures, in part due to an inability to enforce agreements. An example is the failure of many international fisheries regimes to restrict harvesting practises. Application shall be achieved by the willing of counties authorities.

Criticism

As per Jay et al., EIA is used as a decision aiding tool rather than decision making tool. There is growing dissent about them as their influence on decisions is limited. Improved training for practitioners, guidance on bestpractice and continuing research have all been proposed.

EIAs have been criticized for excessively limiting their scope in space and time. No accepted procedure exists for determining such boundaries. The boundary refers to ‘the spatial and temporal boundary of the proposal’s effects’. This boundary is determined by the applicant and the lead assessor, but in practice, almost all EIAs address only direct and immediate on-site effects.

Development causes both direct and indirect effects. Consumption of goods and services, production, use and disposal of building materials and machinery, additional land use for activities of manufacturing and services, mining and refining, etc., all have environmental impacts. The indirect effects of development can be much higher than the direct effects examined by an EIA. Proposals such as airports or shipyards cause wide-ranging national and international effects, which should be covered in EIAs.

Broadening the scope of EIA can benefit the conservation of threatened species. Instead of concentrating on the project site, some EIAs employed a habitat-based approach that focused on much broader relationships among humans and the environment. As a result, alternatives that reduce the negative effects to the population of whole species, rather than local subpopulations, can be assessed.

Thissen and Agusdinata have argued that little attention is given to the systematic identification and assessment of uncertainties in environmental studies which is critical in situations where uncertainty cannot be easily reduced by doing more research. In line with this, Maier et al. have concluded on the need to consider uncertainty at all stages of the decision-making process. In such a way decisions can be made with confidence or known uncertainty. These proposals are justified on data that shows that environmental assessments fail to predict accurately the impacts observed. Tenney et al. and Wood et al. have reported evidence of the intrinsic uncertainty attached to EIAs predictions from a number of case studies worldwide. The gathered evidence consisted of comparisons between predictions in EIAs and the impacts measured during, or following project implementation. In explaining this trend, Tenney et al. have highlighted major causes such as project changes, modelling errors, errors in data and assumptions taken and bias introduced by people in the projects analyzed.

Environmental law

From Wikipedia, the free encyclopedia

Environmental law, also known as environmental and natural resources law, is a collective term describing the network of treaties, statutes, regulations, common and customary laws addressing the effects of human activity on the natural environment. The core environmental law regimes address environmental pollution. A related but distinct set of regulatory regimes, now strongly influenced by environmental legal principles, focus on the management of specific natural resources, such as forests, minerals, or fisheries. Other areas, such as environmental impact assessment, may not fit neatly into either category, but are nonetheless important components of environmental law.

History

Early examples of legal enactments designed to consciously preserve the environment, for its own sake or human enjoyment, are found throughout history. In the common law, the primary protection was found in the law of nuisance, but this only allowed for private actions for damages or injunctions if there was harm to land. Thus smells emanating from pig sties, strict liability against dumping rubbish, or damage from exploding dams. Private enforcement, however, was limited and found to be woefully inadequate to deal with major environmental threats, particularly threats to common resources. During the "Great Stink" of 1858, the dumping of sewerage into the River Thames began to smell so ghastly in the summer heat that Parliament had to be evacuated. Ironically, the Metropolitan Commission of Sewers Act 1848 had allowed the Metropolitan Commission for Sewers to close cesspits around the city in an attempt to "clean up" but this simply led people to pollute the river. In 19 days, Parliament passed a further Act to build the London sewerage system. London also suffered from terrible air pollution, and this culminated in the "Great Smog" of 1952, which in turn triggered its own legislative response: the Clean Air Act 1956. The basic regulatory structure was to set limits on emissions for households and business (particularly burning coal) while an inspectorate would enforce compliance.

Notwithstanding early analogues, the concept of "environmental law" as a separate and distinct body of law is a twentieth-century development. The recognition that the natural environment was fragile and in need of special legal protections, the translation of that recognition into legal structures, the development of those structures into a larger body of "environmental law," and the strong influence of environmental law on natural resource laws, did not occur until about the 1960s. At that time, numerous influences - including a growing awareness of the unity and fragility of the biosphere; increased public concern over the impact of industrial activity on natural resources and human health; the increasing strength of the regulatory state; and more broadly the advent and success of environmentalism as a political movement - coalesced to produce a huge new body of law in a relatively short period of time. While the modern history of environmental law is one of continuing controversy, by the end of the twentieth century environmental law had been established as a component of the legal landscape in all developed nations of the world, many developing ones, and the larger project of international law.

Pollution control

Air quality

Industrial air pollution now regulated by air quality law
these are studied in enviromental studies

Water quality

A typical stormwater outfall.
A typical stormwater outfall, subject to water quality law

Water quality laws govern the release of pollutants into water resources, including surface water, ground water, and stored drinking water. Some water quality laws, such as drinking water regulations, may be designed solely with reference to human health. Many others, including restrictions on the alteration of the chemical, physical, radiological, and biological characteristics of water resources, may also reflect efforts to protect aquatic ecosystems more broadly. Regulatory efforts may include identifying and categorizing water pollutants, dictating acceptable pollutant concentrations in water resources, and limiting pollutant discharges from effluent sources. Regulatory areas include sewage treatment and disposal, industrial and agricultural waste water management, and control of surface runoff from construction sites and urban environments.

Waste management

A landfill.
A municipal landfill, operated pursuant to waste management law

Waste management laws govern the transport, treatment, storage, and disposal of all manner of waste, including municipal solid waste, hazardous waste, and nuclear waste, among many other types. Waste laws are generally designed to minimize or eliminate the uncontrolled dispersal of waste materials into the environment in a manner that may cause ecological or biological harm, and include laws designed to reduce the generation of waste and promote or mandate waste recycling. Regulatory efforts include identifying and categorizing waste types and mandating transport, treatment, storage, and disposal practices.

Contaminant cleanup

Oil spill cleanup.
Oil spill emergency response, governed by environmental cleanup law

Environmental cleanup laws govern the removal of pollution or contaminants from environmental media such as soil, sediment, surface water, or ground water. Unlike pollution control laws, cleanup laws are designed to respond after-the-fact to environmental contamination, and consequently must often define not only the necessary response actions, but also the parties who may be responsible for undertaking (or paying for) such actions. Regulatory requirements may include rules for emergency response, liability allocation, site assessment, remedial investigation, feasibility studies, remedial action, post-remedial monitoring, and site reuse.

Chemical safety

Chemical safety laws govern the use of chemicals in human activities, particularly man-made chemicals in modern industrial applications. As contrasted with media-oriented environmental laws (e.g., air or water quality laws), chemical control laws seek to manage the (potential) pollutants themselves. Regulatory efforts include banning specific chemical constituents in consumer products (e.g., Bisphenol A in plastic bottles), and regulating pesticides.

Resource sustainability

Impact assessment

Environmental impact assessment (EA) is the assessment of the environmental consequences (positive and negative) of a plan, policy, program, or actual projects prior to the decision to move forward with the proposed action. In this context, the term "environmental impact assessment" (EIA) is usually used when applied to actual projects by individuals or companies and the term "strategic environmental assessment" (SEA) applies to policies, plans and programmes most often proposed by organs of state. Environmental assessments may be governed by rules of administrative procedure regarding public participation and documentation of decision making, and may be subject to judicial review.

Water resources

An irrigation ditch, operated in accordance with water resources law

Water resources laws govern the ownership and use of water resources, including surface water and ground water. Regulatory areas may include water conservation, use restrictions, and ownership regimes.

Mineral resources

Mineral resource laws cover several basic topics, including the ownership of the mineral resource and who can work them. Mining is also affected by various regulations regarding the health and safety of miners, as well as the environmental impact of mining.

Forest resources

A timber operation.
A timber operation, regulated by forestry law

Forestry laws govern activities in designated forest lands, most commonly with respect to forest management and timber harvesting. Ancillary laws may regulate forest land acquisition and prescribed burn practices. Forest management laws generally adopt management policies, such as multiple use and sustained yield, by which public forest resources are to be managed. Governmental agencies are generally responsible for planning and implementing forestry laws on public forest lands, and may be involved in forest inventory, planning, and conservation, and oversight of timber sales. Broader initiatives may seek to slow or reverse deforestation.

Wildlife and plants

Wildlife laws govern the potential impact of human activity on wild animals, whether directly on individuals or populations, or indirectly via habitat degradation. Similar laws may operate to protect plant species. Such laws may be enacted entirely to protect biodiversity, or as a means for protecting species deemed important for other reasons. Regulatory efforts may including the creation of special conservation statuses, prohibitions on killing, harming, or disturbing protected species, efforts to induce and support species recovery, establishment of wildlife refuges to support conservation, and prohibitions on trafficking in species or animal parts to combat poaching.

Fish and game

Fish and game laws regulate the right to pursue and take or kill certain kinds of fish and wild animal (game). Such laws may restrict the days to harvest fish or game, the number of animals caught per person, the species harvested, or the weapons or fishing gear used. Such laws may seek to balance dueling needs for preservation and harvest and to manage both environment and populations of fish and game. Game laws can provide a legal structure to collect license fees and other money which is used to fund conservation efforts as well as to obtain harvest information used in wildlife management practice.

Principles

Environmental law has developed in response to emerging awareness of and concern over issues impacting the entire world. While laws have developed piecemeal and for a variety of reasons, some effort has gone into identifying key concepts and guiding principles common to environmental law as a whole. The principles discussed below are not an exhaustive list and are not universally recognized or accepted. Nonetheless, they represent important principles for the understanding of environmental law around the world.

Sustainable development

Defined by the United Nations Environment Programme as "development that meets the needs of the present without compromising the ability of future generations to meet their own needs," sustainable development may be considered together with the concepts of "integration" (development cannot be considered in isolation from sustainability) and "interdependence" (social and economic development, and environmental protection, are interdependent). Laws mandating environmental impact assessment and requiring or encouraging development to minimize environmental impacts may be assessed against this principle. 

The modern concept of sustainable development was a topic of discussion at the 1972 United Nations Conference on the Human Environment (Stockholm Conference), and the driving force behind the 1983 World Commission on Environment and Development (WCED, or Bruntland Commission). In 1992, the first UN Earth Summit resulted in the Rio Declaration, Principle 3 of which reads: "The right to development must be fulfilled so as to equitably meet developmental and environmental needs of present and future generations." Sustainable development has been a core concept of international environmental discussion ever since, including at the World Summit on Sustainable Development (Earth Summit 2002), and the United Nations Conference on Sustainable Development (Earth Summit 2012, or Rio+20).

Equity

Defined by UNEP to include intergenerational equity - "the right of future generations to enjoy a fair level of the common patrimony" - and intragenerational equity - "the right of all people within the current generation to fair access to the current generation's entitlement to the Earth's natural resources" - environmental equity considers the present generation under an obligation to account for long-term impacts of activities, and to act to sustain the global environment and resource base for future generations. Pollution control and resource management laws may be assessed against this principle.

Transboundary responsibility

Defined in the international law context as an obligation to protect one's own environment, and to prevent damage to neighboring environments, UNEP considers transboundary responsibility at the international level as a potential limitation on the rights of the sovereign state. Laws that act to limit externalities imposed upon human health and the environment may be assessed against this principle.

Public participation and transparency

Identified as essential conditions for "accountable governments,... industrial concerns," and organizations generally, public participation and transparency are presented by UNEP as requiring "effective protection of the human right to hold and express opinions and to seek, receive and impart ideas,... a right of access to appropriate, comprehensible and timely information held by governments and industrial concerns on economic and social policies regarding the sustainable use of natural resources and the protection of the environment, without imposing undue financial burdens upon the applicants and with adequate protection of privacy and business confidentiality," and "effective judicial and administrative proceedings." These principles are present in environmental impact assessment, laws requiring publication and access to relevant environmental data, and administrative procedure.

Precautionary principle

One of the most commonly encountered and controversial principles of environmental law, the Rio Declaration formulated the precautionary principle as follows:
In order to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.
The principle may play a role in any debate over the need for environmental regulation.

Prevention

The concept of prevention . . . can perhaps better be considered an overarching aim that gives rise to a multitude of legal mechanisms, including prior assessment of environmental harm, licensing or authorization that set out the conditions for operation and the consequences for violation of the conditions, as well as the adoption of strategies and policies. Emission limits and other product or process standards, the use of best available techniques and similar techniques can all be seen as applications of the concept of prevention.

Polluter pays principle

The polluter pays principle stands for the idea that "the environmental costs of economic activities, including the cost of preventing potential harm, should be internalized rather than imposed upon society at large." All issues related to responsibility for cost for environmental remediation and compliance with pollution control regulations involve this principle.

Theory

Environmental law is a continuing source of controversy. Debates over the necessity, fairness, and cost of environmental regulation are ongoing, as well as regarding the appropriateness of regulations vs. market solutions to achieve even agreed-upon ends. 

Allegations of scientific uncertainty fuel the ongoing debate over greenhouse gas regulation, and are a major factor in debates over whether to ban particular pesticides. In cases where the science is well-settled, it is not unusual to find that corporations intentionally hide or distort the facts, or sow confusion.

It is very common for regulated industry to argue against environmental regulation on the basis of cost. Difficulties arise in performing cost-benefit analysis of environmental issues. It is difficult to quantify the value of an environmental value such as a healthy ecosystem, clean air, or species diversity. Many environmentalists' response to pitting economy vs. ecology is summed up by former Senator and founder of Earth Day Gaylord Nelson, "The economy is a wholly owned subsidiary of the environment, not the other way around." Furthermore, environmental issues are seen by many as having an ethical or moral dimension, which would transcend financial cost. Even so, there are some efforts underway to systemically recognize environmental costs and assets, and account for them properly in economic terms. 

While affected industries spark controversy in fighting regulation, there are also many environmentalists and public interest groups who believe that current regulations are inadequate, and advocate for stronger protection. Environmental law conferences - such as the annual Public Interest Environmental Law Conference in Eugene, Oregon - typically have this focus, also connecting environmental law with class, race, and other issues. 

An additional debate is to what extent environmental laws are fair to all regulated parties. For instance, researchers Preston Teeter and Jorgen Sandberg highlight how smaller organizations can often incur disproportionately larger costs as a result of environmental regulations, which can ultimately create an additional barrier to entry for new firms, thus stifling competition and innovation.

Around the world

International law

Global and regional environmental issues are increasingly the subject of international law. Debates over environmental concerns implicate core principles of international law and have been the subject of numerous international agreements and declarations.

Customary international law is an important source of international environmental law. These are the norms and rules that countries follow as a matter of custom and they are so prevalent that they bind all states in the world. When a principle becomes customary law is not clear cut and many arguments are put forward by states not wishing to be bound. Examples of customary international law relevant to the environment include the duty to warn other states promptly about icons of an environmental nature and environmental damages to which another state or states may be exposed, and Principle 21 of the Stockholm Declaration ('good neighbourliness' or sic utere). 

Numerous legally binding international agreements encompass a wide variety of issue-areas, from terrestrial, marine and atmospheric pollution through to wildlife and biodiversity protection. International environmental agreements are generally multilateral (or sometimes bilateral) treaties (a.k.a. convention, agreement, protocol, etc.). Protocols are subsidiary agreements built from a primary treaty. They exist in many areas of international law but are especially useful in the environmental field, where they may be used to regularly incorporate recent scientific knowledge. They also permit countries to reach agreement on a framework that would be contentious if every detail were to be agreed upon in advance. The most widely known protocol in international environmental law is the Kyoto Protocol, which followed from the United Nations Framework Convention on Climate Change.

While the bodies that proposed, argued, agreed upon and ultimately adopted existing international agreements vary according to each agreement, certain conferences, including 1972's United Nations Conference on the Human Environment, 1983's World Commission on Environment and Development, 1992's United Nations Conference on Environment and Development and 2002's World Summit on Sustainable Development have been particularly important. Multilateral environmental agreements sometimes create an International Organization, Institution or Body responsible for implementing the agreement. Major examples are the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and the International Union for Conservation of Nature (IUCN).

International environmental law also includes the opinions of international courts and tribunals. While there are few and they have limited authority, the decisions carry much weight with legal commentators and are quite influential on the development of international environmental law. One of the biggest challenges in international decisions is to determine an adequate compensation for environmental damages. The courts include the International Court of Justice (ICJ), the international Tribunal for the Law of the Sea (ITLOS), the European Court of Justice, European Court of Human Rights and other regional treaty tribunals.

Africa

According to the International Network for Environmental Compliance and Enforcement (INECE), the major environmental issues in Africa are “drought and flooding, air pollution, deforestation, loss of biodiversity, freshwater availability, degradation of soil and vegetation, and widespread poverty.”  The U.S. Environmental Protection Agency (EPA) is focused on the “growing urban and industrial pollution, water quality, electronic waste and indoor air from cookstoves.” They hope to provide enough aid on concerns regarding pollution before their impacts contaminate the African environment as well as the global environment. By doing so, they intend to “protect human health, particularly vulnerable populations such as children and the poor.” In order to accomplish these goals in Africa, EPA programs are focused on strengthening the ability to enforce environmental laws as well as public compliance to them. Other programs work on developing stronger environmental laws, regulations, and standards.

Asia

The Asian Environmental Compliance and Enforcement Network (AECEN) is an agreement between 16 Asian countries dedicated to improving cooperation with environmental laws in Asia. These countries include Cambodia, China, Indonesia, India, Maldives, Japan, Korea, Malaysia, Nepal, Philippines, Pakistan, Singapore, Sri Lanka, Thailand, Vietnam, and Lao PDR.

European Union

The European Union issues secondary legislation on environmental issues that are valid throughout the EU (so called regulations) and many directives that must be implemented into national legislation from the 28 member states (national states). Examples are the Regulation (EC) No. 338/97 on the implementation of CITES; or the Natura 2000 network the centerpiece for nature & biodiversity policy, encompassing the bird Directive (79/409/EEC/ changed to 2009/147/EC)and the habitats directive (92/43/EEC). Which are made up of multiple SACs (Special Areas of Conservation, linked to the habitats directive) & SPAs (Special Protected Areas, linked to the bird directive), throughout Europe.

EU legislation is ruled in Article 249 Treaty for the Functioning of the European Union (TFEU). Topics for common EU legislation are:
  • Climate change
  • Air pollution
  • Water protection and management
  • Waste management
  • Soil protection
  • Protection of nature, species and biodiversity
  • Noise pollution
  • Cooperation for the environment with third countries (other than EU member states)
  • Civil protection

Middle East

The U.S. Environmental Protection Agency is working with countries in the Middle East to improve “environmental governance, water pollution and water security, clean fuels and vehicles, public participation, and pollution prevention.”

Oceania

The main concerns on environmental issues in the Oceanic Region are “illegal releases of air and water pollutants, illegal logging/timber trade, illegal shipment of hazardous wastes, including e-waste and ships slated for destruction, and insufficient institutional structure/lack of enforcement capacity”. The Secretariat of the Pacific Regional Environmental Program (SPREP) is an international organization between Australia, the Cook Islands, FMS, Fiji, France, Kiribati, Marshall Islands, Nauru, New Zealand, Niue, Palau, PNG, Samoa, Solomon Island, Tonga, Tuvalu, USA, and Vanuatu. The SPREP was established in order to provide assistance in improving and protecting the environment as well as assure sustainable development for future generations.

Australia

The Environment Protection and Biodiversity Conservation Act 1999 is the center piece of environmental legislation in the Australian Government. It sets up the “legal framework to protect and manage nationally and internationally important flora, fauna, ecological communities and heritage places”. It also focuses on protecting world heritage properties, national heritage properties, wetlands of international importance, nationally threatened species and ecological communities, migratory species, Commonwealth marine areas, Great Barrier Reef Marine Park, and the environment surrounding nuclear activities. Commonwealth v Tasmania (1983), also known as the "Tasmanian Dam Case", is the most influential case for Australian environmental law.

Brazil

The Brazilian government created the Ministry of Environment in 1992 in order to develop better strategies of protecting the environment, use natural resources sustainably, and enforce public environmental policies. The Ministry of Environment has authority over policies involving environment, water resources, preservation, and environmental programs involving the Amazon.

Canada

The Department of the Environment Act establishes the Department of the Environment in the Canadian government as well as the position Minister of the Environment. Their duties include “the preservation and enhancement of the quality of the natural environment, including water, air and soil quality; renewable resources, including migratory birds and other non-domestic flora and fauna; water; meteorology;" The Environmental Protection Act is the main piece of Canadian environmental legislation that was put into place March 31, 2000. The Act focuses on “respecting pollution prevention and the protection of the environment and human health in order to contribute to sustainable development." Other principle federal statutes include the Canadian Environmental Assessment Act, and the Species at Risk Act. When provincial and federal legislation are in conflict federal legislation takes precedence, that being said individual provinces can have their own legislation such as Ontario's Environmental Bill of Rights, and Clean Water Act.

China

According to the U.S. Environmental Protection Agency, "China has been working with great determination in recent years to develop, implement, and enforce a solid environmental law framework. Chinese officials face critical challenges in effectively implementing the laws, clarifying the roles of their national and provincial governments, and strengthening the operation of their legal system." Explosive economic and industrial growth in China has led to significant environmental degradation, and China is currently in the process of developing more stringent legal controls. The harmonization of Chinese society and the natural environment is billed as a rising policy priority.

Ecuador

With the enactment of the 2008 Constitution, Ecuador became the first country in the world to codify the Rights of Nature. The Constitution, specifically Articles 10 and 71-74, recognizes the inalienable rights of ecosystems to exist and flourish, gives people the authority to petition on the behalf of ecosystems, and requires the government to remedy violations of these rights. The rights approach is a break away from traditional environmental regulatory systems, which regard nature as property and legalize and manage degradation of the environment rather than prevent it.

The Rights of Nature articles in Ecuador's constitution are part of a reaction to a combination of political, economic, and social phenomena. Ecuador's abusive past with the oil industry, most famously the class-action litigation against Chevron, and the failure of an extraction-based economy and neoliberal reforms to bring economic prosperity to the region has resulted in the election of a New Leftist regime, led by President Rafael Correa, and sparked a demand for new approaches to development. In conjunction with this need, the principle of "Buen Vivir," or good living—focused on social, environmental and spiritual wealth versus material wealth—gained popularity among citizens and was incorporated into the new constitution.

The influence of indigenous groups, from whom the concept of "Buen Vivir" originates, in the forming of the constitutional ideals also facilitated the incorporation of the Rights of Nature as a basic tenet of their culture and conceptualization of "Buen Vivir." 

Egypt

The Environmental Protection Law outlines the responsibilities of the Egyptian government to “preparation of draft legislation and decrees pertinent to environmental management, collection of data both nationally and internationally on the state of the environment, preparation of periodical reports and studies on the state of the environment, formulation of the national plan and its projects, preparation of environmental profiles for new and urban areas, and setting of standards to be used in planning for their development, and preparation of an annual report on the state of the environment to be prepared to the President."

India

In India, Environmental law is governed by the Environment Protection Act, 1986. This act is enforced by the Central Pollution Control Board and the numerous State Pollution Control Boards. Apart from this, there are also individual legislations specifically enacted for the protection of Water, Air, Wildlife, etc. Such legislations include :-
  • The Water (Prevention and Control of Pollution) Act, 1974
  • The Water (Prevention and Control of Pollution) Cess Act, 1977
  • The Forest (Conservation) Act, 1980
  • The Air (Prevention and Control of Pollution) Act, 1981
  • Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983
  • The Biological Diversity Act, 2002 and the Wild Life Protection Act, 1972
  • Batteries (Management and Handling) Rules, 2001
  • Recycled Plastics, Plastics Manufacture and Usage Rules, 1999
  • The National Green Tribunal established under the National Green Tribunal Act of 2010 has jurisdiction over all environmental cases dealing with a substantial environmental question and acts covered under the Water (Prevention and Control of Pollution) Act, 1974.
  • Water (Prevention and Control of Pollution) Cess Rules, 1978
  • Ganga Action Plan, 1986
  • The Forest (Conservation) Act, 1980
  • Wildlife protection Act, 1972
  • The Public Liability Insurance Act, 1991 and the Biological Diversity Act, 2002. The acts covered under Indian Wild Life Protection Act 1972 do not fall within the jurisdiction of the National Green Tribunal. Appeals can be filed in the Hon'ble Supreme Court of India.
  • Basel Convention on Control of TransboundaryMovements on Hazardous Wastes and Their Disposal, 1989 and Its Protocols
  • Hazardous Wastes (Management and Handling) Amendment Rules, 2003

Japan

The Basic Environmental Law is the basic structure of Japan’s environmental policies replacing the Basic Law for Environmental Pollution Control and the Nature Conservation Law. The updated law aims to address “global environmental problems, urban pollution by everyday life, loss of accessible natural environment in urban areas and degrading environmental protection capacity in forests and farmlands.”

The three basic environmental principles that the Basic Environmental Law follows are “the blessings of the environment should be enjoyed by the present generation and succeeded to the future generations, a sustainable society should be created where environmental loads by human activities are minimized, and Japan should contribute actively to global environmental conservation through international cooperation.” From these principles, the Japanese government have established policies such as “environmental consideration in policy formulation, establishment of the Basic Environment Plan which describes the directions of long-term environmental policy, environmental impact assessment for development projects, economic measures to encourage activities for reducing environmental load, improvement of social infrastructure such as sewerage system, transport facilities etc., promotion of environmental activities by corporations, citizens and NGOs, environmental education, and provision of information, promotion of science and technology."

New Zealand

The Ministry for the Environment and Office of the Parliamentary Commissioner for the Environment were established by the Environment Act 1986. These positions are responsible for advising the Minister on all areas of environmental legislation. A common theme of New Zealand’s environmental legislation is sustainably managing natural and physical resources, fisheries, and forests. The Resource Management Act 1991 is the main piece of environmental legislation that outlines the government’s strategy to managing the “environment, including air, water soil, biodiversity, the coastal environment, noise, subdivision, and land use planning in general.”

Russia

The Ministry of Natural Resources and Environment of the Russian Federation makes regulation regarding “conservation of natural resources, including the subsoil, water bodies, forests located in designated conservation areas, fauna and their habitat, in the field of hunting, hydrometeorology and related areas, environmental monitoring and pollution control, including radiation monitoring and control, and functions of public environmental policy making and implementation and statutory regulation."

Vietnam

Vietnam is currently working with the U.S. Environmental Protection Agency on dioxin remediation and technical assistance in order to lower methane emissions. In March 2002, the U.S and Vietnam signed the U.S.-Vietnam Memorandum of Understanding on Research on Human Health and the Environmental Effects of Agent Orange/Dioxin.

Infanticide (zoology)

From Wikipedia, the free encyclopedia https://en.wikipedia.org/wiki/Infanticide_(zoology) Lion cubs may be...