Environmental Impact Assessment: A Comparative Analysis of the Federal Response in Canada and the United States
AbstractThis article examines the planning tool known as environmental impact assess ment. This tool is decision-making model which attempts to integrate en vironmental considerations into each stage of the planning process together with the traditional concerns of economics and technology in order to identify secon dary and cumulative impacts and to weigh environmental effects. The success of an assessment process depends on the capability of the chosen institutional arrangements to achieve the desired goal. The proposed federal procedure is ex amined and several weaknesses identified. One is the absence of legislative measures to support the process. The United States National Environmental Policy Act provides model. This statute is discussed with view to ascertaining whether like legislation in Canada would produce like result. The conclusion reached is that differences between Parliamentary and Congressional systems suggest that in Canada more appropriate course would be to adopt legislative measures which strengthen and improve the existing functions of government. Such course would better serve the goal of environmental impact assessment than attempts to transplant concepts which are ill fitted and insensitive to the parliamentary system.
Author(s) retain original copyright in the substantive content of the titled work, subject to the following rights that are granted indefinitely:
- Author(s) grant the Alberta Law Review permission to produce, publish, disseminate, and distribute the titled work in electronic format to online database services, including, but not limited to: LexisNexis, QuickLaw, HeinOnline, and EBSCO;
- Author(s) grant the Alberta Law Review permission to post the titled work on the Alberta Law Review website and/or related websites.
- Author(s) agree that the titled work may be used for educational or instructional purposes and/or in educational or instructional materials. The author(s) acknowledge that the titled work is subject to other such "fair dealing" provisions and applicable legislation.
- Author(s) grant a limited license to those accessing the titled work from an electronic database or an Alberta Law Review website to download the titled work onto their computer and to print a copy for their own personal, non-commercial use, subject to proper attribution.
To use the journal's content elsewhere, permission must be obtained from the author(s) and the Alberta Law Review.