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International Environmental Impact Assessment: A Case Study in Implementation

March 2001

Citation: ELR 10291

Author: Julie Teel

This paper aims to facilitate discussion about specific reform proposals for Ukraine by illustrating the basic components of environmental impact assessment (EIA) with comparative analysis and recent developments from other countries' legislation and international law. Section I introduces EIA, provides a general overview of Ukrainian ecological expertiza law, and describes U.S. Environmental Protection Agency (EPA) Region V's EIA pilot project in Ukraine. Section I begins by discussing the stages of the EIA process, from the early "screening" stage to final decision on the activity, while analyzing the current state of Ukrainian law with respect to these stages and comparing it to other approaches. It closes by examining different methods of ensuring post-decision review and enforcement. Sections II and III address recent developments in EIA law, including EIA in a transboundary context; the application of EIA to plans, policies, and programs; the regionalization of EIA laws; and EIA as a condition for project approval by international financial institutions and development aid agencies. Section IV summarizes our findings and illustrates general areas for reform for Ukrainian EIA law.

Julie Teel is a fonner Law Fellow with the Environmental Law Institute (ELI). She received a B.S. in Conservation and Resource Studies from the University of California at Berkeley and a J.D. from New York University School of Law. This paper was prepared by ELI under a cooperative agreement with the U.S. Environmental Protection Agency. ELI Senior Attorney Jay Austin supervised completion of the report. Additional comments, suggestions, and research were provided by ELI Senior Attorneys Carl Bruch. Susan Casey-Lefkowitz, and Brian Rohan. Special thanks to Charlie Brasher, Jerzy Jendroska, Dmytro Skrylnikov, and Volodymyr Tykhyy for their review and comments.

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