Environmental Impact Assessment: Practical Solutions to Recurrent Problems

EnvironmentalImpactAssessment TV pdf ENVIRONMENTAL IMPACT ASSESSMENT Practical Solutions to Recurrent Problems DAVID P LAWRENCE Lawrence Environmental A JOHN WILEY & SONS, INC , PUBLICATION ENVIRONMEN[.]

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ENVIRONMENTAL IMPACT ASSESSMENT

Practical Solutions to

Recurrent Problems

DAVID P LAWRENCE

Lawrence Environmental

A JOHN WILEY & SONS, INC., PUBLICATION

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Practical Solutions to

Recurrent Problems

DAVID P LAWRENCE

A JOHN WILEY & SONS, INC., PUBLICATION

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Published by John Wiley & Sons, Inc., Hoboken, New Jersey.

Published simultaneously in Canada.

No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or

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Limit of Liability/Disclaimer of Warranty: While the publisher and author have used their best efforts in preparing this book, they make no representations or warranties with respect to the accuracy or completeness of the contents of this book and specifically disclaim any implied warranties of

merchantability or fitness for a particular purpose No warranty may be created or extended by sales representatives or written sales materials The advice and strategies contained herein may not be suitable for your situation You should consult with a professional where appropriate Neither the publisher nor author shall be liable for any loss of profit or any other commercial damages, including but not limited to special, incidental, consequential, or other damages.

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Library of Congress Cataloging-in-Publication Data:

Lawrence, David P (David Phillip), 1947–

Environmental impact assessment : practical solutions to recurrent

problems / David P Lawrence.

p cm.

ISBN 0-471-45722-1 (cloth)

1 Environmental impact analysis I Title.

TD194.6.L39 2003

333.7 0 14–dc21

2003003582 Printed in the United States of America

10 9 8 7 6 5 4 3 2 1

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To Barbara

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1.1 Highlights / 1

1.2 A Not-So-Hypothetical Scenario / 2

1.3 First Principles / 4

1.4 The Basics / 7

1.5 The Baseline / 9

1.6 A Structure / 13

1.7 A Strategy / 18

1.8 A Road Map / 19

1.9 Summing Up / 21

2.1 Highlights / 23

2.2 Defining the Problem and Deciding on a Direction / 24

2.3 Conventional Regulatory EIA Approaches / 26

2.4 Conventional Applied Processes / 51

2.5 Summing Up / 71

vii

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3 HOW TO MAKE EIAs MORE RIGOROUS 89 3.1 Highlights / 89

3.2 Insights from Practice / 90

3.4 Selecting the Most Appropriate Route / 94

3.5 Instituting a Scientific EIA Process / 108

3.6 Assessing Process Effectiveness / 116

3.7 Summing Up / 121

4 HOW TO MAKE EIAs MORE RATIONAL 127 4.1 Highlights / 127

4.5 Instituting a Rational EIA Process / 143

5 HOW TO MAKE EIAs MORE SUBSTANTIVE 159 5.1 Highlights / 159

5.5 Instituting a Substantive EIA Process / 186

6 HOW TO MAKE EIAs MORE PRACTICAL 209 6.1 Highlights / 209

6.5 Instituting a Practical EIA Process / 248

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7 HOW TO MAKE EIAs MORE DEMOCRATIC 266 7.1 Highlights / 266

7.5 Instituting a Democratic EIA Process / 293

8 HOW TO MAKE EIAs MORE COLLABORATIVE 316 8.1 Highlights / 316

8.5 Instituting a Collaborative EIA Process / 369

9 HOW TO MAKE EIAs MORE ETHICAL 389 9.1 Highlights / 389

9.5 Instituting an Ethical EIA Process / 406

10 HOW TO MAKE EIAs MORE ADAPTIVE 419 10.1 Highlights / 419

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10.5 Instituting an Adaptive EIA Process / 469

11 HOW TO CONNECT AND COMBINE EIA PROCESSES 488 11.1 Highlights / 488

11.4 Composite Regulatory Frameworks / 493

11.5 Matching Process and Context / 495

11.6 Process Interconnections / 499

11.7 Composite EIA Processes / 504

11.8 Challenges and Priorities / 510

11.9 Scenario Postscript / 512

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This book was born from a nagging concern about how the environmental impact assessment (EIA) process is commonly depicted in EIA literature and applied in practice It also stems from a perception that EIA practitioners need more help to cope with the many competing demands and recurrent problems encountered in their day-to-day work More effective EIA process design and management can,

I believe, help practitioners in their efforts to balance competing demands and to ameliorate recurrent problems

My uneasiness about the EIA process has arisen over the past three decades Over that period I have become increasingly convinced that there are far more process design and management choices available in practice than are customarily conveyed in EIA literature It also seemed to me that EIA regulatory analyses usually began from and sought to refine current requirements rather than exploring,

at a more fundamental level, the full range of potential regulatory choices

This uneasiness was reinforced through my ongoing interest in EIA and planning processes I have maintained a joint interest in planning and EIA for many years I have practiced and taught in both fields and have addressed the interrelationships between the two fields through graduate and undergraduate papers, a doctoral dissertation, a series of journal articles, and considerable EIA process management experience A central feature of planning theory is the plurality of overlapping and competing prescriptive planning theories A central feature of EIA is the largely unitary approach to process design Planning theory literature can be extremely frustrating! It is plagued by hyperbole, jargon, and, until very recently, a huge gulf between theory and practice Still the claims, counterclaims, debates, and critiques alert the reader to the dangers of hidden assumptions and to the value of multiple perspectives Such debates exist in EIA literature, but they are more muted They

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also seem to take more for granted regarding shared assumptions and perspectives Depictions of the EIA process, in particular, are, from my perspective, less diverse than they should be

My concern about the multiple demands and recurrent problems faced by EIA practitioners is a product of both direct experience and interchanges with other practitioners EIA practitioners must counterbalance multiple, often conflicting internal and external demands Frequently, it is expected that EIA requirements, procedures, and documents should be rigorous, rational, practical, substantive, democratic, collaborative, ethical, and adaptable simultaneously These demands commonly reflect fundamentally different perspectives on the environment and on the appropriate role of EIA in decision making Almost invariably, perspective differences are translated into varying interpretations of critical issues, the nature and significance of potential effects, and most centrally (in terms of the purpose of this book), how best to proceed from proposal inception to final proposal decision making and implementation Difficulties encountered in dealing with multiple demands and perspectives often coalesce as recurrent problems that hamper effective EIA process design and management EIA practitioners need additional assistance in navigating through this minefield

This book is intended to help EIA participants (regulators, managers, EIA specialists, other study team specialists, nongovernment organizations) and ob-servers (commentators, instructors, students) to contribute jointly to more effective EIA processes Effective processes can help refine and achieve EIA regulatory objectives and further the goals of EIA as a form of environmental management The book challenges the prevailing assumption that EIA should be structured around a unitary EIA process It begins by identifying, through a scenario, eight recurrent problems encountered in EIA practice The characteristics of multiple variations of conventional EIA processes, at both the regulatory and applied levels, are then presented These analyses open up consideration of available regulatory and applied EIA process design and management choices But they address the recurrent problems only partially The residual problems that remain provide the springboard for a description and analysis of eight EIA processes for coming to grips with recurrent problems The description of each of these EIA processes provides examples from practice, defines the problem, and identifies a direction for improvement For each we then detail major relevant conceptual distinctions, describe how a process to reduce the problem would operate at the regulatory level (based on an overview of EIA requirements in the United States, Canada, Europe, and Australia), and explain how a process to reduce the problem would operate at the applied level We next assess how well each process satisfies ideal EIA process characteristics Each analysis ends with a summary overview and the identification of links between the conceptual analysis and the practice examples In the final chapter we address how to link and combine EIA processes to operate in situations characterized by multiple, overlapping problems EIA literature and literature from such related fields as planning, environmental and resource management, risk assessment and management, site selection and evaluation, and public participation are drawn upon to characterize and assess each EIA process

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The analyses and solutions offered in this book are far from definitive Hope-fully, they are practical I believe that sufficient knowledge and experience now exist regarding the recurrent problems such that major pitfalls can be identified and possible improvements suggested I am not sufficiently naive to suggest that we are

on the brink of delineating that elusive core body of common knowledge that is supposed to characterize ‘‘mature’’ fields I have serious doubts as whether such a quest is even desirable I also appreciate that there are immense impediments to significant improvements to EIA practice, many of which lie beyond the control or influence of EIA practitioners But I still believe that sufficient operating room remains within which EIA practice enhancements are possible I also maintain that the EIA process is at the core of many such improvements Hopefully, this book will contribute to such efforts

I wish to thank the following people for contributing their thoughtful and insightful stories for inclusion in this book: Dave Abbott, Ralf Aschemann, Jo Anne Beckwith, Alan Bond, Roger Creasey, Alan Diduck, Patricia Fitzpatrick, Bob Gibson, Dave Hardy, Nick Harvey, Annie Holden, Peter Homenuck, Leslie Matthews, Bruce Mitchell, Robin Saunders, Darryl Shoemaker, and John Sinclair I also wish to thank the anonymous reviewers and the staff of John Wiley & Sons (most notably Bob Esposito and Jonathan Rose) for their constructive suggestions and guidance

A great many colleagues have provided encouraging comments and/or have influenced my thinking and writing regarding EIA process management over the past several years A very partial list includes Rabel Burdge, Dave Cressman, Peter Croal, Bob Dorney, George Francis, Bob Gibson, Peter Homenuck, Eric Hunter, Larry Martin, Jim Micak, Greg Michelenco, John Page, Donna Pawlowski, Barry Sadler, Paul Scott, John Sinclair, Graham Smith, Margaret Smith, Roger Suffling, Richard Szudy, and Tom Wlodarczyk

My thanks to the following for permission to reproduce, without charge, the following copyrighted material (full details are provided in the reference list at the back of the book):

" Beech Tree Publishing (Figure 6.5)

" Elsevier Science, Inc (Figure 3.1)

" Imperial College Press (Figures 2.3 to 2.6, 2.10, Tables 2.4, 2.6, and 2.7, and selective text from Lawrence, 2001)

" National Association of Environmental Professionals (Figures 2.7 to 2.9, 2.11

to 2.18)

" Springer-Verlag New York, Inc (Figures 5.2 and 5.3)

Finally and most important, I am especially grateful to my wife, Barbara, for her patience, encouragement, and support throughout this lengthy process

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