Environmental Evaluations 2024-2025 PDF

Translated from Spanish to English - www.onlinedoctranslator.com TOPIC 2 ENVIRONMENTAL EVALUATIONS Environmental Law Course 2024-2025 Prof. Rosa Cernada Badía ...

Translated from Spanish to English - www.onlinedoctranslator.com TOPIC 2 ENVIRONMENTAL EVALUATIONS Environmental Law Course 2024-2025 Prof. Rosa Cernada Badía  INDEX 1.- Environmental assessment: origin and characteristics. 2.- European, state and regional regulations. 3.- Types of environmental assessments 4. Project evaluation 4.1.- Scope of application 4.2.- Procedure 4.3.- The Environmental Impact Declaration and judicial challengeability. ENVIRONMENTAL LAW 4.4.- Competence aspects 5.- Evaluation of plans and programs (strategic) 5.1.- Scope of application 5.2.- Procedure 5.3.- Strategic environmental declaration and legal effects Tea ma 2. Environmental assessments. ProfRosa Cernada Badía 2  1.- ENVIRONMENTAL EVALUATION: ORIGIN AND CHARACTERISTICS Technique that allows us to know and evaluate the environmental effects of certain human activities (public and private) and to alleviate or avoid their impact on the environment. Adopt decisions and measures Objective: sustainability of the evaluated activities National Environmental Policy Act (NEPA): 1969 Requires a study (Environmental Impact Statement: EIS) for: - any federal bill or administrative regulation project or proposal - Federal service programs or projects ENVIRONMENTAL LAW When? If federal action could significantly affect the quality of the human environment - Human environment broadly defined - When in doubt: EIS Tea ma 2. Environmental assessments. ProfRosa Cernada Badía 3  1.- ENVIRONMENTAL EVALUATION: ORIGIN AND CHARACTERISTICS - Generalization in the United States (federal/state) Adoption at the United Nations Conferences in Stockholm (1972) and Rio de Janeiro (1992) - Avoid harmful projects - Price increase - Minimize impact - Motivation of public - Delay in decision decisions with impact making on MA Tea ma 2. Environmental assessments. ProfRosa Cernada Badía 4  1.- ENVIRONMENTAL EVALUATION: ORIGIN AND CHARACTERISTICS Multidisciplinary character : overall evaluation of the effects of the activities evaluated. Multifactorial examination (economic, social, environmental, cultural, chemical, etc.) Participatory process - Institutional scope: public bodies or agencies affected - Citizen participation (individually and collectively: interest groups and affected groups) ENVIRONMENTAL LAW Preventive character : does not involve any decision, but rather evaluates the impact of the decision being analyzed. STS 17.11.2008 Informative nature of the final decision :It may result in the rejection of the project or its modification to reduce the negative effects. Tea ma 2. Environmental assessments. ProfRosa Cernada Badía 5  2.- EUROPEAN, STATE AND REGIONAL REGULATIONS In theEuropean Union It is introduced in Directive 85/337/EEC of 27 June 1985 on the assessment of the impact of certain public and private projects on the environment Modified by: - Council Directive 98/11/EC of 3 March 1987 - Directive 2003/35/EC of the European Parliament and of the Council on enhancing citizen participation InSpain , its first regulation is produced by Royal Legislative Decree ENVIRONMENTAL LAW 1302/1986, of June 28, on environmental impact assessment Royal Legislative Decree 1/2008, of January 11, of the consolidated text of the law on environmental assessment of projects Law 21/2013, of December 9, on Environmental Assessment (LEA). Tea ma 2. Environmental assessments. ProfRosa Cernada Badía 6  2.- EUROPEAN, STATE AND REGIONAL REGULATIONS Regional regulations on environmental impact assessment Territorial adaptation : The autonomous communities adapt their regulations to address the particularities of their ecosystems and their socioeconomic environment. Integration with state and European regulations : Although each community has its own regulations, they are all in line with Law 21/2013 and the European Union directives on environmental protection. ENVIRONMENTAL LAW Specific approaches : - Some communities prioritize environmental assessment in key sectors such as tourism, urban planning, energy or agriculture, depending on their characteristics. - Each community has its own particularities regarding procedures, deadlines and types of projects subject to evaluation, so it is essential to consult the specific regional regulations before undertaking a project. Tea ma 2. Environmental assessments. ProfRosa Cernada Badía 7  2.- EUROPEAN, STATE AND REGIONAL REGULATIONS 1.- Valencian Community - Law 6/2014, of July 25, on Prevention, Quality and Environmental Control of Activities in the Valencian Community. Law 2/1989, of March 3, on Environmental Assessment and Development Regulations repealed by Decree-Law 7/2024, of July 9, of the Consell, on administrative simplification of the Generalitat. - The Valencian system promotes an environmental assessment prior to the granting of urban planning licenses, integrating the environmental authorization processes. 2.- Community of Madrid - Law 2/2002, of June 19, on Environmental Assessment of the Community of Madrid - In Madrid, different procedures are applied for the evaluation of projects and plans and ENVIRONMENTAL LAW programmes, with emphasis on the protection of the urban and rural environment. 3.- Catalonia - Law 20/2009, of December 4, on environmental prevention and control of activities and Law 6/2009, of April 28, on environmental assessment of plans and programs. - Includes a regime of specific authorizations for activities with MA impact Tea ma 2. Environmental assessments. ProfRosa Cernada Badía 8  3.- TYPES OF ENVIRONMENTAL EVALUATIONS Environmental assessments are mainly divided into two main types 1.- Evaluation of plans and projects: the Environmental Impact Assessment (EIA) Procedure applied to specific projects (for example, the construction of infrastructure, mining operations or industrial facilities) that may have a significant impact on the environment. Purpose: to identify, prevent or mitigate the adverse environmental effects of a project before its authorization. ENVIRONMENTAL LAW 2.- Evaluation of plans and programs: Strategic evaluation Procedure on plans and programmes that may have significant effects on the environment. It is mandatory for certain plans or programmes promoted by public bodies and focuses on early planning stages. Its objective: to ensure the sustainability of plans and programs Tea ma 2. Environmental assessments. ProfRosa Cernada Badía 9  3.- TYPES OF ENVIRONMENTAL EVALUATIONS Other related types Integrated Environmental Assessment Process that combines environmental impact assessments with other analyses necessary for the authorization of projects that involve significant risks, such as the emission of pollutants. Integrated Environmental Authorizations (AAI) For industrial projects with potentially serious impacts, in which emissions and waste are ENVIRONMENTAL LAW regulated Tea ma 2. Environmental assessments. ProfRosa Cernada Badía 10  4.- PROJECT EVALUATION The evaluation is regulated in Chapter II of the LEA (arts. 33 to 50) Project concept: consolidated European jurisprudence STS 15.03.2006 "any technical document that defines or conditions in a necessary manner, particularly with regard to the location, the implementation of plans and programs, the execution of constructions or other installations and works Project (legal definition): any planned action consisting of: 1. the execution, operation, dismantling or demolition of a work, construction, or ENVIRONMENTAL LAW installation, or 2. any intervention in the natural environment or landscape, including those intended for the exploitation or use of natural resources or of the soil and subsoil, as well as of inland or marine waters. See Annex I of the Environmental Assessment Act: Agriculture, forestry, aquaculture and livestock, extractive industry, mining Tea ma 2. Environmental assessments. ProfRosa Cernada Badía 11  4.- PROJECT EVALUATION Torrevieja desalination plant ENVIRONMENTAL LAW The impact on the marine ecosystem was assessed, in particular on posidonia oceanica. The plant was approved, but control measures were put in place to minimise impacts on the marine environment. Extension alsoapproved. Tea ma 2. Environmental assessments. ProfRosa Cernada Badía 12  4.- PROJECT EVALUATION Exclusions: art. 8 LEA National defense objectives if it could have a negative impact Detailed projects approved by law Agreement of the Council of Ministers or competent autonomous body - construction of penitentiary centers or projects of interest to public safety - repair of critical infrastructures (emergency, catastrophe) ENVIRONMENTAL LAW Requirements 1.- Exceptional and motivated 2.- Official Publication 3.- Prior communication to the European Commission (justification/alternative forms of EIA) Tea ma 2. Environmental assessments. ProfRosa Cernada Badía 13  4.2.- PROCEDURE Ensures that the environmental impacts of projects are assessed in a transparent and rigorous manner before a decision is made on their implementation For projects with a high environmental impact. ORDINARY Ends with the Environmental Impact Statement Arts. 33-44 LEA Smaller scale projects or projects with reduced environmental SIMPLIFIED impact. Ends with the Environmental Impact Report Arts. 45-48 LEA ENVIRONMENTAL LAW SUBSTANTIVE ORGAN: Competent to authorize or approve projects that must be subject to EIA ENVIRONMENTAL BODY: Competent to assess the SUBJECTS environmental impact of projects. PROMOTER: natural or legal person, public or private, who intends to carry out a project that requires an EIA Tea ma 2. Environmental assessments. ProfRosa Cernada Badía 14  4.2.- ORDINARY PROCEDURE OBJECT Annex I LEA Projects Projects subject to Simplified EA when decided by the competent environmental body in the environmental impact report in accordance with the criteria in Annex III: Location of projects taking into Project size Characteristics of potential account the environmental Use of natural resources impact (duration, frequency, sensitivity of the areas Generation of waste reversible nature) affected ENVIRONMENTAL LAW Modification of the characteristics of a project in Annex I or II when the modification meets the characteristics of Annex I on its own Projects subject to simplified EIA when requested voluntarily by the promoter Tea ma 2. Environmental assessments. ProfRosa Cernada Badía 15  4.2.- ORDINARY PROCEDURE Preparation of EIA (to be integrated into the project to be evaluated) ENVIRONMENTAL LAW Project processing with EIA + DIA + Project authorization Tea ma 2. Environmental assessments. ProfRosa Cernada Badía 16  4.2.- ORDINARY PROCEDURE Moment 0: Previous actions 1.- Promoter decides whether to request the substantive body that the environmental body prepareEIA Scope Document(initial project document must be submitted). DAEIA preparation period: 3 months 2.- Mandatory nature: public information and consultation procedure. 3.- In any case, as part of the project authorization procedure: - Promoter: submits to the substantive body: i) initial project document and ii) initial EIA (which is prepared taking into account, where appropriate, the DAEIA). Content of the initial EIA: art. 35.1 LEA + Annex VI - Participation: the substantive body* opens the public information process, consultations with AAPP ENVIRONMENTAL LAW and interested parties: project and initial EIA. - Public Information on the EIA (minimum 20 days): Any person, entity or institution may consult the project and present observations or allegations. - Consultations with affected public authorities (environment, health, culture, etc.). They provide their technical and regulatory point of view. * environmental body if the project is subject to prior communication or responsible declaration) Tea ma 2. Environmental assessments. ProfRosa Cernada Badía 17  4.2.- ORDINARY PROCEDURE Opening of evaluation procedure 1.-Request for start : it is submitted by the promoter to the competent substantive body (regional or state) to initiate the environmental impact assessment. - The application must be accompanied by the complete EIA file (technical document of the project, EIA, allegations and reports received in public information and consultation procedures) and the documentation required by sector legislation. - From this moment: period of 4 months extendable by 2 more for justified reasons 2.-Technical and Environmental Analysis : environmental body. It takes into account the EIA, queries and allegations 3.- ResolutionEnvironmental impact statement ENVIRONMENTAL LAW 4.-Project Authorization : If the EIA is favorable, the promoter can request administrative authorization to start the project, which must integrate the conditions imposed in the EIA. 5.-Environmental Monitoring and Surveillance : Monitoring plan to ensure that the preventive, corrective and compensatory measures established in the EIS are being complied with. - Monitoring during the construction phase, operation, and even after cessation of activity. Tea ma 2. Environmental assessments. ProfRosa Cernada Badía 18  4.2.- SIMPLIFIED PROCEDURE OBJECT Annex II LEA Projects Projects that may significantly affect areas protected by the Natura 2000 network Modification of projects in Annexes I or II that do not require Ordinary EA and that may have a negative impact on the environment Fractional projects that, due to the accumulation of magnitudes or dimensions, may reach the ENVIRONMENTAL LAW thresholds of Annex II Annex I projects of a duration not exceeding 2 years whose sole or principal objective is to develop or test new methods or products Tea ma 2. Environmental assessments. ProfRosa Cernada Badía 19  4.2.- SIMPLIFIED PROCEDURE The simplified procedure is faster:maximum period of 3 months Designed for projects that, although not expected to have a significant environmental impact, require minimal assessment to ensure they do not cause serious harm to the environment. 1.Start : The promoter presents the project and an Environmental Document (project description) to the environmental body. 2.Environmental Consultations : The environmental body carries out brief consultations with other competent administrations and entities. ENVIRONMENTAL LAW 3.Resolution: Environmental Impact Report , in which, based on the consultations, it is decided whether the project should undergo a full assessment (ordinary EIA) or whether it is not necessary to continue with the environmental assessment procedure. 4.Follow-up of report andsanctioning regime Tea ma 2. Environmental assessments. ProfRosa Cernada Badía 20  4.3.- ENVIRONMENTAL IMPACT STATEMENT Binding document issued by the competent environmental body determining whether the project is environmentally viable. It is drawn up after the substantive body has submitted the documentation (including environmental impact study, mandatory reports, objections in the public information process and relevant observations). Hasnature of mandatory and determining report. It is regulated in art. 41 LEA Competent body: Ministry of the Environment for projects that must be authorized by the AGE. The DIA can be: Favorable, if the project can be carried out with the proposed corrective and compensatory ENVIRONMENTAL LAW measures. Unfavorable, if the negative impacts cannot be adequately mitigated. In some cases, the EIS may establish additional conditions that the developer must comply with in order to minimize impacts. In the event of a flagrant discrepancy, the Council of Ministers decides It loses validity if problems have not begun to be solved after 4 years of its publication. Tea ma 2. Environmental assessments. ProfRosa Cernada Badía 21  4.3.- ENVIRONMENTAL IMPACT STATEMENT The Environmental Impact Declaration (DIA) is considered a relevant procedure in the procedure that decides the project but has ainstrumental or medial character Therefore, it cannot be challenged directly in court. What can be challenged? Thefinal decision of the projectprecisely based on ENVIRONMENTAL LAW Absence or Defects in the insufficiency procedure of procedure of assessment assessment environmental environmental Tea ma 2. Environmental assessments. ProfRosa Cernada Badía 22  4.4.- COMPETENCE ASPECTS In Spain, the authority to carry out an Environmental Impact Assessment is distributed among different administrations depending on the nature and scope of the project: AGE : competent over projects that, by their nature, exceed the limits of an autonomous community or that have an impact on areas of exclusive competence of the State E.g. strategic infrastructures (national roads, ports, airports, etc.) or facilities that affect national defense. Substantive jurisdiction: Ministry competent by reason of the subject matter Autonomous Administrations : competence over projects whose environmental impact is limited to its territory. These competences are regulated in the Statutes of Autonomy and in the autonomous regulations ENVIRONMENTAL LAW on environmental assessment. Local Administrations : : limited EIA competence. The functions of the environmental body correspond to the regional or local Administration determined by the regional regulations. The City Councils intervene in the phase of granting urban planning licenses and may participate in the preparation of sectoral reports. Tea ma 2. Environmental assessments. ProfRosa Cernada Badía 23  5.- STRATEGIC EVALUATION OF PLANS AND PROGRAMS 5.1.- SCOPE OF APPLICATION Directive 2001/42 of the Law 9/2006, of 28 European Parliament and April, on the of the Council on the evaluation of the Law 21/2013, of 9 evaluation of effects of December, of certain plans and certainplans and environmental assessment programs in the middle programs in the middle atmosphere atmosphere ENVIRONMENTAL LAW On plans and programs that may have significant effects on the environment environment (Territorial, urban, sectoral planning, waste management, water, energy, transportation, etc.) Purpose: To ensure that plans and programs are developed in a sustainable manner, considering environmental impacts from the earliest stages of formulation. Tea ma 2. Environmental assessments. ProfRosa Cernada Badía 24  5.2.- PROCEDURE Depending on the type of plan, the EAE is implemented through two types of procedures: For plans that may generate significant environmental effects. Ends ORDINARY with the Strategic Environmental Statement Arts. 17-28 LEA Applies to plans or programs that are smaller in scope or that are not SIMPLIFIED expected to have a significant impact, but that require a rapid and less detailed evaluation. ENVIRONMENTAL LAW Ends with the Strategic Environmental Report. Arts. 29-32 LEA Exclusions Sole purpose: national defense and civil protection in cases of emergency (art. 8 LEA) Financial or budgetary plans or programs Tea ma 2. Environmental assessments. ProfRosa Cernada Badía 25  5.2.- ORDINARY PROCEDURE 1.- Plans or programs that are developed or approved by a Public Administration 2.- That its approval is required by legal or regulatory provision, agreement of the Council of Ministers or the Governing Council of the Autonomous Community Plans or programs establish the framework for future projects whose authorization may require an Environmental Impact Assessment. Affect the Natura 2000 Network in accordance with Law 42/2007, of December 13, on Natural Heritage and Biodiversity Subject to simplified EAE if decided by the environmental body in a strategic ENVIRONMENTAL LAW environmental report Objective significance of the plan Criteria Annex V Areas requiring greater control Subject to simplified EAE if requested by the promoter and so decided by the environmental body Tea ma 2. Environmental assessments. ProfRosa Cernada Badía 26  5.2.- ORDINARY PROCEDURE Consultations Elaboration Proposal previous. Information Statement Application EAE + version final + analysis Document public and environmental start initial of technician of the scope of queries strategic plan record EAE 15 months from notification of Scope document ENVIRONMENTAL LAW ENVIRONMENTAL BODY: in collaboration with the promoting body, it ensures the integration of environmental aspects in the preparation of plans or programmes. SUBJECTS PROMOTING BODY: initiates the procedure for the development and adoption of a plan or program and must integrate environmental aspects into its content through an EA process Tea ma 2. Environmental assessments. ProfRosa Cernada Badía 27  5.2.- ORDINARY PROCEDURE 1.-Start request: - Within the procedure for adopting the plan or program: we start from a draft plan or program and an initial strategic document - Content: Conduct (by the environmental body) of prior consultations with the public administrations and affected persons.Deadline 45 days - With the result, the environmental body sends it to the promoter and substantive bodystrategic environmental study scope document 2.-Preparation of strategic environmental study (*previous sustainability report) Based on the Scope Document, the promoter prepares the strategic environmental study and an initial ENVIRONMENTAL LAW version of the plan or programme of which the EAE forms part. NOTE: Urban development planning instruments must include a map of natural risks (fires, floods, landslides, etc.), and land that presents natural risks is considered non- urbanizable. Environmental body sends initial version of the plan or program to the substantive body + non-technical summary of the study: 3.-Processing of public information and consultations :term 45 days. Tea ma 2. Environmental assessments. ProfRosa Cernada Badía 28  5.2.- ORDINARY PROCEDURE 4.-Final proposal of the plan or program and technical analysis of the file (Art. 23 LEA) - The promoting body drafts the final proposal for the plan or programme - The substantive body sends all documentation to the environmental body_ - Final proposal - Strategic environmental study - Result of public information and consultations - Summary document on the integration of environmental aspects in the program 5.- The environmental body, in view of all the documentation, carries out aTechnical analysis of the file and the most significant environmental impacts of the application of the plan (art. 24 LEA) ENVIRONMENTAL LAW 6.-Strategic environmental statement : the environmental body formulates it within 4 months from receipt of the file, extendable for 2 more months, in a justified manner 7.-Monitoring (art. 51 LEA): The promoter submits a follow-up report on compliance with the DAE, which the substantive body must verify. Tea ma 2. Environmental assessments. ProfRosa Cernada Badía 29  5.2.- SIMPLIFIED PROCEDURE 1.- Request for initiation and consultations with the AAPP and affected persons 2.- Formulation of strategic environmental report or the environmental body : 4 months from receipt of start request. Content: - The plan or program must be subject to ordinary EAE: preparation of the scope document and ordinary processing - The plan or program has no significant effects. There are 4 months available for the approval of the plan or program. ENVIRONMENTAL LAW Official publication of the strategic environmental report (BOE and Web) In the publication of the resolution approving the plan or program : reference to the BOE of the IAE Monitoring (art. 51 LEA):terms analogous to the ordinary procedure. Tea ma 2. Environmental assessments. ProfRosa Cernada Badía 30  5.3- STRATEGIC ENVIRONMENTAL STATEMENT AND EFFECTS Arts. 25 to 28 LEA Content - Statement of the facts of the procedure - Result of public information and consultations - Determinations, measures or conditions to be incorporated into the plan or program The DAE is incorporated into the plan or programme, approved by the substantive body and published in the BOE or corresponding Official Journal. Deadline: 15 working days. Nature and effects ENVIRONMENTAL LAW This is a mandatory and decisive report or opinion: - cannot be appealed directly without prejudice to the appeals against the plan or programme or the administrative act approving it - It may be modified if circumstances arise that determine the incorrectness of the DAE due to subsequent events or due to previous events that could not be assessed. Tea ma 2. Environmental assessments. ProfRosa Cernada Badía 31