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Environmental Impact Assessment Cases Review in Taiwan

Absrtact
We have implemented environmental impact assessments in ROC for 25 years, and Environmental Impact Assessment Act for 15 years. Due to three amendments, we are practically experienced of implementation and people have great concern for the operation of this system.The development assessment, the procedure of environmental impact assessment, the conclusion and even the developing units’ commitments to environmental impact assessment are usually become the focus of attention. However, in the early times, it is rare that people resolve disputes in litigation, but there is something different since the domestic environmental groups have been active in EIA procedures participation. In the past two years, there are more than half of cases in the past 15 years in four Administrative Courts, although these cases are not yet final decisions available. The reasons and the claims of plaintiffs in litigations are the important basis of the review of the EIA review process. For the foregoing conditions, this plan according to the Administrative Procedure Act standards, and domestic and international environmental impact assessment cases review the existing litigations in contentious cases of controversial issues, and propose to avoid the disputes and controversies treatment of specific proposals, in addition to the application in existing litigations, this plan also strengthen the respondent statements in cases, in the meanwhile, it can even give the feedback and appropriate adjustment (in implementation or legal side) to the existing environmental impact assessment review process, in order to reduce the disputes.
Keyword
Environmental Impact Assessment;Administrative Procedure Act;Leading Case
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