Environmental Impact Assessment (EIA) and legal compliance

Author: Supriya, KIIT University, Bhubaneswar

Introduction

Protecting the environment has become one of the most important global issues. As we continue to grow and develop, there is a greater risk of harming nature. To help protect the environment while allowing for development, governments have introduced Environmental Impact Assessment (EIA) systems. An EIA is a legal process that ensures projects like building industries, roads or mining are done in a way that is safe for the environment.

In simple terms, an Environmental Impact Assessment checks what harm a new project might cause to the environment before it starts. It is a key part of making sure we develop in a sustainable way, and it follows laws to ensure it is done correctly. This article will explain what EIA is, why it’s important, what the laws say about it and the challenges involved.

What is Environmental Impact Assessment (EIA)

EIA is a process that looks at how a proposed project or policy might affect the environment before any final decisions are made. The goal is to predict possible environmental problems and find ways to reduce them. This helps project developers change their plans to cause less harm. EIA checks for potential negative effects on things like land, water, air and local wildlife, making sure they are considered and managed.

Environmental experts usually carry out the assessment, looking at factors like pollution, wildlife, water use, waste disposal and how the project affects local communities. Based on their findings, they create an Environmental Management Plan (EMP), which outlines the steps to minimize harm and follow environmental laws.

Importance of EIA

1. Prevents environmental damages: One of the main goals of EIA is to stop environmental harm by identifying and fixing possible problems before they happen. If a project is found to cause serious harm to the environment, it may be changed or even cancelled.
2. Supports sustainable development: EIA helps developers include environmental sustainability in their plans. Sustainable development means growing the economy without damaging the environment, and EIA ensures that projects don’t harm nature’s balance.
3. Helps decision-making: EIA provides important information about a project’s environmental effects, helping government authorities make better decisions. They can decide to approve, change or reject a project based on how it impacts the environment.
4. Involves the public: EIA allows local communities, especially those affected by a project, to be part of the decision-making process. This makes the process more open and fair and helps strengthen how environmental issues are managed.
5. Follows international standards: Many countries require EIA by law to meet global environmental standards. Organizations like the United Nations also support EIAs to help limit environmental harm across countries.

History of EIA in India

India’s experience with Environmental Impact Assessment (EIA) began more than 20 years ago. It started in 1976-77 when the Planning Commission asked the Department of Science and Technology to evaluate river valley projects from an environmental perspective.

Before 1994, environmental clearance from the Central Government was simply an administrative decision and had no legal backing. However, on January 27, 1994, the Union Ministry of Environment and Forests, under the Environmental (Protection) Act of 1986, introduced an EIA notification. This made Environmental Clearance (EC) mandatory for expanding or modernizing any activity or for starting new projects listed in Schedule 1 of the notification.

In September 2006, the Ministry of Environment, Forests and Climate Change (MoEFCC) introduced new EIA rules. The new notification made it compulsory for various projects such as mining, thermal power plants, river valley projects, infrastructure like roads, highways, ports, harbours, airports and even small industries like electroplating or foundry units to get environmental clearance.

Unlike the 1994 EIA notification, the new rules shifted some responsibility for approving projects to state governments, depending on the size or capacity of the project.

The legal framework for EIA

EIA is not just a good practice for protecting the environment;  it is required by law in many countries. Governments have created legal rules to ensure that EIA are done for certain types of projects before they are approved. Here are some important legal points about EIA:

1. National Environmental laws: Many countries have laws that make EIA mandatory for certain projects. For example, in India, the Environmental Protection Act, 1986 requires EIAs for projects like large factories, power plants and mining activities that could seriously impact the environment.
2. Environmental Protection Agencies (EPAs): Many countries have set up agencies to make sure EIAs are done according to the law. These agencies manage the whole EIA process, from the initial study to checking the final reports and making sure the project follows the environmental management plan.
3. International agreements: Some international agreements highlight the importance of EIAs in preventing environmental harm. For instance, the Espoo Convention, under the United Nations, asks countries to inform and consult their neighbours if a project might harm the environment across borders.
4. Penalties for breaking the laws: Projects that don’t follow EIA rules can face serious consequences, like fines, project delays or losing their permits. Legal rules often require ongoing checks to make sure the project developers stick to their environmental management plans.
5. Climate change and EIA: With growing concerns about climate change, many countries now include climate-related issues in their EIA laws. Developers must assess how their projects will affect greenhouse gas emissions and other climate factors, along with traditional environmental concerns.

Key steps in the EIA process

1. Screening: The first step in EIA is to decide if a project needs a full EIA or not. Some small projects may have little to no impact on the environment, so they might not need the full process. Screening helps decide which projects need a detailed assessment by setting rules or limits.
2. Scoping: In this stage, the main environmental issues that need to be studied are identified. Scoping makes sure that the EIA focuses on the most important impacts, like air and water pollution, deforestation or effects on local communities. A plan for the EIA is prepared during this phase.
3. Impact prediction: Once the issues are identified, the next step is to predict the possible environmental effects of the project. This involves collecting data, using models and estimating how serious the impacts will be, how long they will last, and how they will affect the environment.
4. Mitigation measures: After identifying the potential impacts, ways to reduce or prevent these impacts are suggested. These can include technical fixes, such as reducing emissions, planting trees or changing the project’s design. The aim is to minimize any harm to the environment.
5. Reporting: All the findings from the EIA are put into an Environmental Impact Report (EIR). This report explains the predicted impacts, suggested solutions and any alternative project designs that could lower the risks. The report is then sent to the government for review.
6. Review and decision-making: Once the EIR is submitted, the government authority reviews it to see if the project meets environmental rules. Public meetings may also happen during this time. Based on the review, the project may be approved, changed or rejected.
7. Monitoring and compliance: After the project is approved, it’s important to keep checking its environmental effects to make sure the mitigation measures are being followed. Monitoring helps ensure that the project doesn’t cause unexpected harm to the environment.

Challenges and issues with EIA

Even though the EIA process is effective, there are several challenges that need to be improved to get better results:

1. Delays and bureaucracy: The EIA process can sometimes take a long time and involve too much paperwork, which slows down project approval. Developers may views the process as a barrier, creating tension between development goals and protecting the environment.
2. Quality of EIA Reports: Some EIA reports are poorly done, with incomplete data, weak assessments or biased conclusions that favour the developers. This lowers the credibility of the EIA and defeats its purpose of protecting the environment.
3. Public participation: Although getting the public involved is important in the EIA process, it doesn’t always work well. People in rural or marginalized areas may lack the knowledge or resources to fully participate and have their voices heard.
4. Monitoring and enforcement: Even when a project is approved with strong environmental guidelines, making sure those rules are followed can be difficult. The authorities responsible for monitoring may not have enough resources or staff to ensure that projects stick to environmental standards.
5. Limited scope: EIAs often focus only on the immediate effects of a project, but bigger issues like cumulative impacts, climate change and long-term sustainability might be overlooked. This can lead to projects that seem environmentally safe at first but cause problems in the long run.

Landmark cases

1. Taj Trapezium Case (M.C. Mehta v. Union of India, 1996) – India

Background: This case focused on the Taj Mahal, one of the world’s most famous monuments and a UNESCO World Heritage Site. The Taj is located in the Taj Trapezium Zone (TTZ), an area increasingly polluted by nearby industries, particularly those burning coal and other harmful substances. The pollution was causing the white marble of the Taj Mahal to turn yellow and deteriorate.

Issue: Environmental lawyer M.C. Mehta filed a public interest litigation (PIL) to relocate the industries around the Taj Mahal that were polluting the area and damaging the monument. The central question was whether these industries had properly conducted Environmental Impact Assessments (EIA) before setting up in such a sensitive region.

Ruling: The Supreme Court of India ruled in favour of M.C. Mehta, ordering many industries to either switch to cleaner energy sources, like natural gas, or relocate outside the Taj Trapezium Zone. The court also stressed the importance of conducting thorough EIAs for any future projects to prevent further environmental damage in the region.

Significance: This case highlighted the importance of EIAs for projects near ecologically or culturally important sites. It also encouraged industries to adopt cleaner technologies to reduce their negative environmental impacts, setting a strong precedent for environmental protection in India.

2. The Vellore Citizens Welfare Forum v. Union of India (1996) – India

Background: This case involved severe pollution caused by tanneries in Tamil Nadu, India. These tanneries were dumping untreated waste into the Palar River, causing major environmental damage, including the contamination of groundwater, which affected local communities and agriculture.

Issue: The petitioners argued that the tanneries had not followed proper Environmental Impact Assessment (EIA) procedures and were violating environmental laws by polluting the river and surrounding areas. The main question before the court was whether industrial growth could justify such environmental destruction.

Ruling: The Supreme Court of India ruled in favour of the petitioners and ordered the closure of tanneries that were not complying with environmental regulations. The court introduced two important environmental principles:

1. The Precautionary Principle, which requires industries to take preventive action to avoid environmental harm.
2. The Polluter Pays Principle, which means that industries responsible for pollution must bear the costs of cleaning it up.

Significance: This case underscored the importance of conducting EIAs to prevent industrial pollution. It also introduced key environmental principles that continue to guide Indian law. Additionally, it led to the establishment of “Green Benches” in Indian courts, which specialize in handling environmental cases.

3. R v. Secretary of State for Trade and Industry ex parte Friends of the Earth (1997) – United Kingdom

Background: This case centred around the construction of a major natural gas pipeline in the UK. Friends of the Earth, an environmental advocacy group, claimed that the government had not required a proper Environmental Impact Assessment (EIA) for the project, which could potentially cause serious environmental damage.

Issue: The key issue was whether the UK government had violated European Union (EU) directives that mandate EIAs for large infrastructure projects that could have significant environmental effects.

Ruling: The court ruled in favour of Friends of the Earth, stating that the government had not followed EU law because it did not ensure that a sufficient EIA was conducted. As a result, the project was delayed until a proper assessment was completed.

Significance: This case emphasized the legal duty of governments within the EU to follow EU directives on conducting EIAs for large projects. It also highlighted the role of environmental groups like Friends of the Earth in holding governments accountable when they fail to adequately protect the environment.

Conclusion

Environmental Impact Assessment (EIA) is an important tool that helps us balance development with protecting the environment. It allows governments, businesses and communities to carefully consider how new projects might affect natural resources, like air, water and land, before making any final decisions. By doing this, EIAs promote sustainable growth, which means that development can continue without causing long-term damage to the environment.

However, for EIAs to truly work well, there must be strong laws that ensure the process is followed properly. It’s also important that the public has a chance to be involved and share their views openly, especially those directly affected by projects. Finally, once a project is approved, it’s crucial to make sure that the rules and plans laid out in the EIA are strictly enforced, so that the environment is truly protected as intended.

In summary, when supported by good laws, active public participation, and strong enforcement, EIAs are a powerful way to ensure that development and environmental protection go hand in hand.