Topic 2: Environmental Law Course

Topic 2: Environmental Evaluations

• Environmental Law Course, 2024-2025.
• Instructor: Rosa Cernada Badía.
• Environmental assessment is a technique used to evaluate the environmental impacts of human activities.
• The goal is to mitigate or avoid negative impacts.
• The objective is the sustainable development of the evaluated activities.
• The National Environmental Policy Act (NEPA) of 1969 in the United States requires Environmental Impact Statements (EIS) for federal actions.
• EISs are required for projects that significantly affect the quality of the human environment.
• The scope of the human environment is broadly defined.
• Environmental impact assessments are applied to specific cases of projects when necessary.

Index

• Environmental assessment origin and characteristics
• European, state, and regional regulations
• Types of environmental assessments (EIA, Strategic evaluation, Integrated Environmental Assessment, and Integrated Environmental Authorizations)
• Project evaluation
  • Scope of application, including details on national and local level projects
  • Procedure, including specific steps for ordinary and simplified processes
  • Environmental Impact Declaration (EIA) and its judicial challengeability
  • Competence aspects, describing the different entities involved
• Evaluation of plans and programs (strategic)
  • Scope of application
  • Procedure, details on ordinary and simplified procedure
  • Strategic environmental declaration & legal impacts

1- Environmental Evaluation: Origin and Characteristics

• The technique allows for knowledge and evaluation of environmental effects from human activities (public and private), and to mitigate or prevent their impact.
• Decisions and measures are adopted to strive towards sustainability
• The National Environmental Policy Act (NEPA) established EIS requirements for federal actions
• EIS needed when federal action might affect the quality of the human environment
• Human environment has a broad definition when in doubt a EIS should be conducted

2- European, State, and Regional Regulations

• Directive 85/337/EEC introduced environmental impact assessments in the EU.
• Subsequent directives and Spanish Royal Legislative Decrees updated and elaborated on these regulations.
• Specific regional regulations adapt EIA criteria to local ecosystems and socioeconomic situations.
• Various Spanish Autonomous communities have crafted legislation and procedures relevant to Environmental Impact Assessments

3- Types of Environmental Evaluations

• EIA (Environmental Impact Assessment): Procedures focus on individual projects (e.g., infrastructure, industry) with significant environmental impact. The goal is to identify, prevent, or mitigate adverse effects prior to authorization.
• Strategic Evaluation: Examines plans and programs (e.g., urban planning, energy projects). This approach emphasizes early planning stages to ensure sustainability.
• Integrated Environmental Assessment (IEA): A comprehensive evaluation encompassing multiple aspects for the authorization of high-risk projects that involve risks like pollution emission.
• Integrated Environmental Authorizations (IEAs): Similar to IEA approach for industry projects potentially having significant impacts

4- Project Evaluation

• Project concept: Defined as a technical document outlining and specifying action plan implementation components.
• Legal definition of projects: Includes construction, operation, dismantling actions and any intervention on the environment (exploitation/use of natural resources, etc)
• Exclusions: National defense projects or projects approved by law, agreement made with a Minister.
• Exceptions: Projects that do not need environmental impact assessments (EIAs) may be excluded

4.2 - Procedure

• Ordinary Procedure: For projects with significant environmental impacts, complete impact statement (EIS) is needed.
• Simplified Procedure: Applicable for smaller-scale projects with limited environmental impacts needing a project impact report.
• Procedures for substantive bodies, environmental bodies, and promoters are detailed.

4.3 - Environmental Impact Statement (EIS)

• Binding document determining environmental viability of a project.
• Issued by the competent body after analysis of documentation & public input.
• The final decision can be challenged based on environmental assessment process inaccuracies.

4.4 - Competence Aspects

• Authority for EIA is distributed among different administrative levels (national, regional, local) based on project nature & scope.
• Competencies are stipulated in laws & regulations, including details in national & local levels.

5- Evaluation of Plans and Programs (Strategic)

• Scope of Application: Covers plans and programs with significant environmental effects, considering various aspects.

• Procedure: Distinguishes between ordinary (more complex, extensive plans) and simplified (smaller-scale) procedures.

• Procedures described for both types

5.2 - Procedure

• Ordinary Procedure: Detailed steps and criteria for plans that have substantial environmental impacts.
• Simplified Procedure: Streamlined steps for plans that have less potential impact.

5.3 - Strategic Environmental Statement and Effects

• The environmental statement details factual findings related to the process. Determinations are made based on documentation and public input.
• Statements reflect the outcomes of consultations and determinations.
• This statement is authoritative and cannot be directly challenged.