Mcgillivray, Donald (2011) Mitigation and screening for environmental assessment. Journal of Planning and Environment Law (12). pp. 1539-1559. ISSN 0307-4870
![]() |
PDF
- Published Version
Restricted to SRO admin only Download (993kB) |
Abstract
This article considers how, as a matter of law and policy, mitigation measures should be taken into account in determining whether a project will have significant environmental effects and therefore be subject to assessment under the EU Environmental Impact Assessment (EIA) Directive. This is not straightforward: it is problematic to distinguish clearly between an activity and the measures proposed to minimise or mitigate for the adverse consequences of the activity. The issue is a salient one in impact assessment law, but under-explored in the literature and handled with some difficulty by the courts. I argue that there is an unnecessarily and undesirably narrow approach currently taken under the EIA Directive, which could be improved upon by taking a more adaptive approach; alternatively a heightened standard of review of ‘significance’, and within this of the scope for mitigation measures to bring projects beneath the significance threshold, may also be desirable.
Item Type: | Article |
---|---|
Keywords: | Comparative law; Environmental impact assessments; EU law; Mitigation; Planning authorities' powers and duties; Planning permission; Screening directions; Screening opinions; United States |
Schools and Departments: | School of Law, Politics and Sociology > Law |
Subjects: | K Law > KD Law of the United Kingdom and Ireland > KD0051 England and Wales K Law > KJ Europe |
Depositing User: | Donald McGillivray |
Date Deposited: | 15 Jan 2013 10:08 |
Last Modified: | 02 Jul 2019 19:54 |
URI: | http://sro.sussex.ac.uk/id/eprint/43456 |
View download statistics for this item
📧 Request an update