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Research and Analysis of Environmental Impact Assessment Review Benefit and Judicial Decisions Project Work Plan

Absrtact
There are two objectives of this project. One is to evaluate the benefits gained from the local Environmental Impact Assessment (EIA) cases. The other is to analyze the judicial decisions on the EIA cases and to summarize their judgement rules. In order to evaluate the EIA benefits, three different methods were used. Firstly, we compared similar development cases with and without EIA process and to see their influences on environment, economy, publics, and information. However, the real cases with and without EIA process had significant differences on temporal, spatial, and economical scales. Therefore, the second method we used was to compare the same cases with and without EIA process. The scenario of no EIA is assumption. The method was finally expanded to 246 industrial cases. If the total of 246 industrial cases were without EIA process and were just following the national emission standards, the wastewater and air pollution reduced by EIA process will cost around 20 billion NTD per year. This project collected 181 EIA lawsuit cases and 365 appeals and summarized their results. Among these cases, 24% of lawsuit cases were rejected, 27% of appeals were accepted, and 20% of appeals were rejected and turned to lawsuits. From these judicial decisions, the important controversial issues and the judgement types and trends were summarized. The seven questions addressed by Taipei High Administrative Court No. 1882 adjudication in 2010 were analyzed as well. Finally, nine typical judicial issues and their theoretical and practical suggestions were resulted and provided to EIA administrations.
Keyword
Benefit of Environmental Impact Assessment Review, Approved with Conditions, Judicial decisions of Environmental Impact Assessment
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