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The main problems of Environmental Impact Assessment (EIA)

Info: 5428 words (22 pages) Law Essay
Published: 17th Jul 2019

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Jurisdiction(s): International Law


An ENVIRONMENTAL Impact Assessment (EIA) is a way by which we can assess different factors such as impact of environmental health of human, ecological health and associated risk with it and existence of changes in services of nature in particular projects. [1]

In modern environment, modern city is large player for the secondary sector of the today’s economy. In this environment, manufacturing and production amenities are able to provide require commodities and with this it is also able to generate various living requirement for the population. Because of unplanned decisions which are taken by economies for the development of industrial sectors, it is the cause of increased cost of environment beyond to actual cost. In and around Industrial Township due to weakening conditions of environment determined that description of the environment is essential part for the purpose to develop planning in such areas. [2]

Environmental Impact Assessment (EIA) was firstly developed in the National Environmental Policy Act of 1969 in the United States as an innovative planning and decision making tool. It is process which is based on officially study and utilize for the purpose to predict penalty of environment those are existed in a particular ongoing project. In any project it helps to deal with and predict problems which may occur in that particular project. [3]

For the purpose to find out the current situation of an environment and to define impact of serious activities on parameters of environment, thus the use of EIA is require in these kinds of situations. Therefore on behalf of this analysis there is definite possibility to develop Environmental Management Plan and this plan ensures about monitoring impact and alleviation of planning. At any stage of project with help of Environment Assessment Plan we can produce Environment Cost- Benefit Analysis to ensure reduce cost of a particular projects. If there is a need to present pre-curser detailed analysis of impact upon environment then establishment of this require. In the development of environmental linkages it is able to define view of its sectors which are involved in it. In this there is requirement of factual view is must, where community is losing living standards of environment that escorts industrial development. For the purpose to ensure successive and efficient management of environment there is a requirement of defined regulatory measures and roles of related agencies. This is the factual view that impact on environment is increasing with development of growing process and this is the cause of adverse impact upon environmental conditions.

Balanced approach to sustainable development which is provided by Environment Assessment Impact. It is able to develop cost effective techniques for research work in a project. Therefore with help of Environmental Assessment Impact for research purpose to study in particular field less time and money is require to obtain expected results. Thus we can say that there is avoidance of depth research and utilization of extra resources and time and money in any project by EIA technique. Through this exercise, there is a development of an approach to Environmental Assessment technique particularly for Industrial Township. [4]

Environment Impact Assessment (EIA) which can be defined as process which is officially utilized to predict adverse impact on environment in a particular project. On behalf of EIA technique is sure that possible problems can be defined and able to find solution in a particular project. National Environmental Policy Act (NEPA), 1969 presents complete description of Environmental Impact Assessment under the section 102, which was introduced in the year 1969 in the USA. In an early examples of environmental legislation there is description regarding some essentials of EIA are given and all are clearly understood. Noxious occupations are divided into categories on behalf of a decree which was issued by Napoleon in the year 1910: category which from habitation it was far removed, those category in which on the border of the town is allowed, those category close to habitation can be tolerable, those which shows the importance of the work and surrounding place of abode and its importance. [5]

Historical Origin;

Interdisciplinary analyses of the health of human and socio-cultural effects are the cause of the actions of public and private sectors is an Environmental Impact Assessment. Exceptional development of economy and changes of environment has been seen after World War II. Because of this rapid growth various uncertain environmental changes have been noticed in that particular time period such as; negative growth of environment in terms of air pollution and water pollution, damage of ecosystem, major reconstruction and redevelopment of urban centers which are related with history and culture. [6]

Therefore in the year 1960, new movements related with environment were the cause of development of new laws by the government. Thus each and every law is able to define particular problem which is associated with environment. For example in the USA, for the purpose to control pollution in air and water, Clean Air Act and Clean Water Act were introduced by the government and in this acts it was clearly defined that specific limit of toxic chemicals in air, water and on land has been mentioned. And various acts and regulations were enacted for the purpose to ensure preventive measure in environmental changes. But all are limited in implementation and that shows the need of effective approach for the knowledge building and decision making was required. For the purpose to fulfill this need, Environmental Impact Assessment (EIA) was firstly developed in the National Environmental Policy Act of 1969 in the United States as an innovative planning and decision making tool. [7]

Process of Environmental Impact Assessment:

Environment Impact Statement (EIS) is the most noticeable feature of the EIA process, which includes detailed technical research and this research is able to define and shows available alternatives of it. Most of the laws those are related with EIA has developed an approach which is “triage” and it attracts the attention of public and resources which are systematic on issues of primary concerns of environment. EIA triage process is a basic clarification of the approach which is typically based on NEPA.

Following elements of EIA:

Proposal: in every project there is a need to clarify that every objective must be directed for the decision making but in major activities of government actions higher expenditure is require for that such as public works development, for public lands there is development and management of plans and requirement of permits for development and its insurance.

Exclusion: in each and every sector of government: there is exclusion of actions from process in administration, judicial and legislative. For example, recreation of minor projects such as maintenance of roadways.

Assessment of Environment: every proposal of a projects and its local environment requires depth examination and research by reducing adverse impacts from mitigation such as barriers of noise.

Screening: decision to require EI made by only authority. No consultation requirement at this stage. Developer can apply for ruling as to whether ES required or not required. Reasons must be given for decision not to require EIA only if interested party requests. [8]

Scoping: there is determination of initial meetings of stakeholders who are available and decision makers: jurisdiction: it shows availability of subsisted data: need of required research in particular field, responsibilities of work pressure. For designation of documents of EIA for this there is responsibility of lead agency situated. [9]

Draft EIS (DEIS) – description of the proposed actions which is included in documents those are preliminary, and its available alternatives (one of available alternative is that action which is none), upon the life of the particular project, assessment of the major impacts of environment and baseline.

Comment: substantive critique which declared by all parties those are affected by it and all participants those are accomplished this particular study from their side, there is a requirement of a statement which should be in the form of public hearing or written manner. Assessment of the sufficiency of the data is the main aim of it, analysis and alternative. Thus there is no chance of opinion poll.

Final EIS (FEIS) – in the period of comment there is introduction of the all issues those are substantive and its responses and there is excess of additional research material and study. In the FEIS there is identification which is presented by the lead agency only in that case where it is not the DEIS.

Decisions and its Record – on behalf of the explained clarification which is based on the law of agency, resources which are available and available information through the process of the EIA, the formal public decisions have made. [10]

Key problems of EIA:

In modern environment the process of EIA is widely accepted and regarding the use of this decision making tool various issues are associated in entire process and with its results. These issues consist of ; confusion of public, questioner step regarding the prediction of future, occurrence of environmental cost and its effectiveness in entire process and for the decision making process role of internet. [11]

The EIA process can be defined as a policy of information not as a substantive regulatory like law of pollution. In the decision making process, various types of problems occurs then public become confused when the process of EIA produces negative impact. At the beginning of the process of EIA, it lacks when public take decision and also lack in collection of information for the decision making process. [12]

Individual ability is limited in the prediction of the future. In contrast after the direction of law of pollution and authorities, in most of the EIS system, the impact of the forecast and projection of entire process which presents numerical data, graphical representation and drawing of maps and on behalf of that there is lack in quality factor in information which is available for the public and decision makers. In the artificial presentation of the many EIAs, scientists, environmentalists and decision makers always fells mistrust in that. [13]

There is very bad understanding available from outcomes which have obtained in terms of socio-economic and actual physical from it. Instead of depth study of actual short and long terms environmental outdoor, the main focus has given on outcomes that is available in terms of documentary evidence. There is relation between the impact and effectiveness if mitigation and serious questioner part in the EIS which is able to create new habit. [14]

There is no involvement of enforcement in the typical process of EIA. For further movement of the process of EIA and its dimensions and decisions are based on the functions of internet. There is no emergence of decision process which is transparent with full of potential and distance collaborative and use of information technology. The major revolution has taken place because of data evaluation, modeling which is interactive, during the draft review, sharing of comments and because of the use of 3-D technology and visualization of action. [15]

Key Problems of EIA Project: Here we are going to define all such problems with examples of two countries: Ethiopia and Turkey: and immediately how they implement the solution:

Overview upon Ethiopian EIA system:

For the development of EIA system various approaches has considered and these are:

Large number of available sources enabled to produce the proper guideline for the EIA procedures and all such guidelines have been already adopted and according to the suitability of the environmental and socio situation of the nation. Regarding this concerns the most important and primary source is the available Policy of Environment of Ethiopia. In development of the this particular project, there is various procedures available and in the implementation of this project various issues are associated in all sectors and all such issues are inter-related to each other or we can say that all are similar to each other. Regarding this concern there is execution of one set of procedure to solve this kind of situation and all projects which are developing and it is related to all of that. But depth aspects of the technical issues those are applicable in particular sector and it is not presented by the projected procedure of this project. By this way technical guidance are available in accordance with the particular sector. [16]

Application of the projected procedure:

Those projects have some sort of significance impact in terms of its location, nature and only in that case the planned procedural guideline is applicable for those kinds of projects. According to this view it is assure that in the procedure of these kinds of projects there is no chance of occurrence of obstacles because procedure is simple, healthy, acceptable and successful therefore it is able to achieve positive contribution from it. It is addressed in the guideline of the procedure if available projects are smaller than in that case depth study is requiring for them. This is the responsibility of the project developer to proceeds Initial Environmental Examination for the purpose to predict in available project, there is need to develop full EIA system in that.

All such aspects and depth information about the project such as size of the project, location of the project, impacts of the projects and projected mitigations of the project all such kind of issues are available in detailed in the report of the IEE. Therefore approval of the particular projects requires appropriate or favorable report of the IEE. On behalf of the EPA, guidance is available for the project developer for the purpose to deal with issues those related with environment and to meet with the requirements of the environmental impact assessment and that can happen on behalf of the EIA guidelines that is able to give appropriate and detailed assistance and helpful for the developers to proceeds further move. [17]


Because of the limited experience of it and with initiating and completion of impact of environmental study which is related with project development, therefore in order to establish EIA system, there is need of the recent experience obtained by the EPA system and there is also requirement of suggestions and comment from different decision makers and stakeholders because the expected EIA system is at a sketch level and for this there is need to redefine it. There are many question has been raised in the development of EIA procedure in Ethiopia and these questions are as follows: what should be stage of cycle of project?, what kind of EIA system should be installed?. Defining the need for the public participation in this particular project, for the purpose to implementing EIA system what kind institutional preparations require for that. There is presentation given under which Procedural Guideline document is presented for the purpose to define briefly all such elements of EIA system. [18]

There is brief description given regarding all element which have used in this particular procedure and all are defined under the section of this paper for the purpose to represent some important elements of Procedural Guideline. For developing some outline for the EIA procedure and under this stage there is Environmental Examination (IEE) also included in that.

Classification of this project and for this requirement of EIA system the proper guidelines and recommendations are already given. And also under this scope of this particular project is also defined.

With the help of EIA process the main objective of this documentary evidence is to provide further direction to the decision makers, stakeholders, the developer and component agencies. In this particular sector there is depth description is provided under the Guidelines of Sector such as (transport, agriculture, and industry) and that is able to define technical aspects of this project. On behalf of this positive direction, consistent development and sufficient use of available resources is possible and by this benefit also taken by the developer and nation for the accomplishment of this particular project and by this way nation can avoid misuse of precious environmental and natural resources because future of this nation is dependent upon these available resources. [19]

Solution of Problems:

Some guidelines are available to ensure EIA procedure in Ethiopia;

Procedures of EIA and the project cycle:

Suggestions are made in the projected guidelines of this project and able to balance the adverse impacts of the estimated project and all should projected in the beginning stage of the project and on behalf of this expansion of this project must be easier and cost beneficial and also some modification may be possible in this particular project. It is proposed under the procedure of this project that this particular project should go through the inspection and that also important to ensure success on each and every stage of the procedure and on behalf of this it is declared that it will not rejected by the any of the government body. It means that for this project more details are required to prove it successive. There is specific checklist which is presented under this for the purpose to give recommended components and those are able to examine the facts of the impacts of the environment and later installation of this project is started then there is a need to put consideration on the following:

There must be observance between standards of environment and all above stages of this project.

There must be implementation of the measures of mitigation.

There should not be any certainty for the emergence of the unexpected impacts of environment. [20]

After implementation of the EIA system benefits are obtained by the Ethiopia:


On behalf of the EIA system it enables the decision makers and the EPA to predict the impact of the projected development activities and then it can be predicted that on behalf of the alternative which is beneficial or not and lead to the positive impact upon the environment or in direction towards the negative impact upon environment.

Only in that kind of situation projected procedure is helpful or useful when that particular project is not able to put any negative impact upon environment means in terms of damage or harmful for the environment and also there should be possibility of the suitable measures for the purpose to reduce the adverse impact from the side of this project. [21]

All these projected procedure is able to provide positive direction in the future with the help of the formulating body of the government and decentralization of the process of decision making and on behalf of those new objectives can be determined in positive manner and it also able to predict the requirements and opportunities for the locality. [22]

The development of EIA system is structured in that manner by this way this particular project is able to attract people for the purpose to obtain their personal opinion regarding this particular project in terms of project planning and decision making and for the development of the new structure. Thus it is clear that specifically the development of the EIA system is based on the participation of the local public in this procedure where public can provide their views for planning and controlling of this environmental project. [23]

In the past, for the purpose to take suggestion and comments from the side of public there were two workshops were organized and in that workshop main object was to show projection of the EIA system and on behalf of all collected information from side of public will utilize for the purpose to take appropriate decision or to determine adequate guideline for the stakeholders to build proper sense of this particular project in the mind of decision makers and stakeholders.

On behalf of the EIA process, project developer or decision maker is able to obtain adequate source of information in terms of the positive or adverse impact upon the environment where they are working or developing a specific project. [24]


Under the guidelines of this procedure major restrictions also have been mentioned after the installation of this project and these are as follows:

In various sectors there where procedure of the EIA is still going on and there is need of the development of the laws and regulation for the purpose to obtain better results but there is no availability of law that would be applicable for all projected project development. Therefore a proposed guideline which is available on behalf of the EIA procedure and is not able to take into any of the action or simply we can say that it is not enforceable. Thus this available guideline is not able to produce any of the decision because of the insufficiency and it requires further reflection and these are:

For the doorsill values there is a need to set further directions for the purpose to choose project development and all above procedure require depth discussion of EIA.

For the purpose to clarify negative impact of the project there should be set up of proper procedure is available.

For the purpose to evaluate reports on environmental impact statement there is a need to develop proper standards.

There should be proper preparation of checklist and Initial Environmental Examination done.

There must be proper examination of the entire procedure which is involved in the development of the project and also examine the available checklist of the procedure of this particular project. [25]

For the implementation of the project there is requirement of more efficient and skillful practitioners. On behalf of the previous experience it is clear that the commencement of the EIA is based on the proponents in final stage of the project where depth research is require and in beginning of the project there is requirement of the screening phases. By this project is not able to achieve its pre- determined objectives and also creates a situation where none of the alternative can be utilized. Therefore there is requirement of the public opinion in this stage for the purpose to ensure proper balance between public views and project cycle. Institution preparation those are on hold as issues and that can be utilizable for the execution procedure of this project for the purpose to set up of proper frame of time for each and every stage of the project in entire process of EIA. [26]

Environmental Impact Assessment in Turkey:

Because of bisphorus ship traffic, Turkey faces various environmental problems and these are: pollution of water because of clearance of chemicals, pollution in air, specifically in urban sides, deforestration and spills of oil because of rising bosphours ship traffic. From all above mentioned problems, they are largely related with the strategic location of the nation specifically Black, Mediterranean and Aegean Seas, Turkey is totally covered by the coastline and number of considerable sites and many things on this coastline. Because of rising tourist industry in Turkey, there is a need to protect entire areas. Therefore there was objective set up by this country to lead with EU in terms of environmental welfare and this country wants to match all their laws with other member states. Therefore officials of this country is considering largely on the environmental impact assessment. Thus there is need to meet all such requirements by this country in field of law of environmental Impact Assessment. The main motive of this project is to installation of the directives of EIA in this country for the purpose to give guidance to the Ministry of Environment and Forester (MOEF) for the efficiently execution of the legislation of EIA in cooperation with the directives of European Union. [27]

EIA system has come with following problems in Turkey:

Problems which are occurring in the process of EIA in Turkey, all are measured in pre and post installation of project building capacity according to the perspective of international aid agency and experts of EIA.

According to the projection of international aid agency:

According to the Senter International 2001, it has stated that various problems are associated with the implementation of EIA project in Turkey. There is lack of sufficient experience and availability of expertise in Ministry of Environmental Forestry and also there is lack of experience at the level of Environmental Board because of unavailability of managerial and technical experts. According to the procedure of EIA list of this project is directed according to the Annexes I and II of the directive and also in this process, public can also participate for the purpose to share their views. And then report of EIA was available in bad quality. Because of the bad quality report project of EIA there is lack of support from the side of institutional body and legal bindings. Results which are obtained from the project and it have stated that it has no sense. [28]

Because of the lack and insufficient support from authorizing body and also because of proper direction and lack of skills has less value. Regarding this concern there is needed to appoint more than twenty people and one decision maker or project developer. Therefore on behalf of large number of people, group may be able to give answers and suggestions in front of the authorities. And also there was need to redefine components and measures of this project for the purpose to establish effective system of EIA

This project also faces the problem of documentary evidence and also necessary guideline. Because of the lack of effective coordination among its regulatory bodies and also its planning and use of land policy that project also faces the several problems and due to this kind of situation this project has lost its effectiveness. In this particular project there were involvement of more than five hundred people from different sectors that were installed but because of the lack of insufficient training and skills, this project has also lacked to achieve its pre-determined objectives. Only in this process of this project considerations were given to the participation of the public and other aspects which were excluded from the consideration. On behalf the provisions of the guideline which is available the quality of the presented report on EIA is also not in proper sense and also examination quality of this report is bad and there is need to put more consideration on the quality of the report for the purpose to enhance its sufficiency. [29]

From the perspective of experts of EIA:

The issues related with this project was raised in this report and later it was clear that those experts were involved in this project they have lack of expertise for this project and they clearly denied that thing. And this not sufficient, people those were involved in this project out of them many of them have stated that they were also involved in the 1990 for the research purposes related with EIA. In Turkey they assume themselves as a lead group of this project over there. And also from the expertise side of Ministry of Environmental Forestry they also lacked to examine and defining the main problem of this project and they stated that EIA system has following lacks or problems and these are as follows: for the many of the sectors unidentified procedure of screening, limitation in the mechanism of decision making process and also restricted hearing from public side, ineffective control and system of auditing, unavailability of examination procedure, unavailability of training procedure for stakeholders who are involved in this procedure and also insufficiency of expertise for EIA procedure. [30]

And also there were important concern was that insufficiency of the commission for preceding their work to meet wit

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