A Study on the Environmental Impact Assessment Legislation — A Comparative Study of American Legal Scheme

• Main Authors: Shou Er-Yen, 壽邇任
• Other Authors: GUO,JIE-HENG
• Format: Others
• Language: zh-TW
• Published: 2010
• Online Access: http://ndltd.ncl.edu.tw/handle/34323965944442188239

碩士 === 國立臺北大學 === 法律學系一般生組 === 98 === This is a study on the environmental Impact Assessment legislation . First , I started with studying on U.S.A Environmental Impact Assessment legislation because basically it’s where our Environmental Impact Assessment Act comes from . We can know that by the words we use in Environmental Impact Assessment Act and the procedure we set for the review conclusion prepared by the competent authority following the review of the environmental impact statement and environmental impact assessment report . Second , I studied our EIA legislation , after all we have to fallow it anyway , after working on leading cases just came out lately and regulations implanting the EIA Act, I found that actually there are some crucial points which are very different from U.S.A legislation and it makes a whole different story . In U.S.A , they ask responsible Agencies to prepare Environmental Assessment (EA) and Environmental Impact Statement (EIS) , here , we ask developers to prepare it and they could be anyone , EIA Act only asks Environmental Impact Assessment Review Committee to review EA by the paper they hand in and I think the quality of the EA could be a problem . Another point is that we force Environmental Impact Assessment Review Committee to consider the effect on environment and economic profit separately , in this way , the Committee will have no chance to explain to people how they balance the two factors which always arise the issue that we should approve the development activity or not . By studing on the cases came out lately in EIA Act , I found Judicial reviw of discretion is the core of the issue we have to deal with , “should a judge replace Agencies’s dicision with his ” so I spent pretty much time on it and came out some ideas .