Environmental Impact Assessment
Environmental impact assessment (EA) is the assessment of the environmental consequences both 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” is usually used when applied to actual projects by individuals or companies and the term “strategic environmental assessment” (SEA) applies to policies, plans, and programs most often proposed by organization of state (Eccleston 2017). 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.
Sustainable Development
Defined by the United Nations Environment Program (UNEP 1986, 1992, 2001, 2006, 2013) 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 EPA 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).
Equity
Further information: Intergenerational 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 EPA, 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.
Leave a Reply