Legal Enforceability of Environmental Impact Assessment in Climate-Vulnerable Zones

Abstract

Environmental Impact Assessment (EIA) is a tool to prevent environmental problems. It supports decision makers in exploring what could happen to the environment if they implement their plans. This is particularly useful for at risk areas from climate change such as coasts, floodplains and small islands, already experiencing impacts such as sea level rise, extreme rainfall and drought. Although Environmental Impact Assessment is mandated by law in many countries and assuming increasing importance in international law, however, there remains a considerable distance between what is required by law and what actually happens, the article examines the role of Environmental Impact Assessment in addressing climate change. The article examines the legal framework existing in various jurisdictions. The article also examines circumstantial and enabling factors which hinder enforcement of the law. The article discusses relevant judicial decisions. The article says that Environmental Impact Assessment is essential to protect the environment and to support by communities that are most vulnerable. The article says that Environmental Impact Assessment must be robust and effective and that this depends on having laws and regulations as well as institutions that can enforce the laws. It also depends on public participation and on having systems to monitor and remedy. Environmental law via Environmental Impact Assessment can be a tool to protect people and the environment. The article draws on information from a variety of sources, including laws, court cases and studies from countries such as India, the European Union and the United States. It concerns itself with the application of Environmental Impact Assessment to preclude environmental problems and further climate justice through policy implementation in the countries most vulnerable to climate change. Environmental Impact Assessment is of fundamental importance for climate resilience and the achievement of sustainable development goals To ensure that Environmental Impact Assessment works, we need to establish rules and have institutions, public participation and monitoring. The first purpose of Environmental Impact Assessment is to protect the environment and promote climate justice. Environmental Impact Assessment is a tool, to protect the most vulnerable communities and ecosystems and must be used in a fair and effective way.