Large-scale renewable energy project barriers: Environmental impact assessment streamlining efforts in Japan and the EU

Abstract

Environmental Impact Assessment (EIA) procedures have been identified as a major barrier to renewable energy (RE) development with regards to large-scale projects (LS-RE). However EIA laws have also been neglected by many decision-makers who have been underestimating its impact on RE development and the stifling potential they possess. As a consequence, apart from acknowledging the shortcomings of the systems currently in place, few governments momentarily have concrete plans to reform their EIA laws. By looking at recent EIA streamlining efforts in two industrialized regions that underwent major transformations in their energy sectors, this paper attempts to assess how such reform efforts can act as a means to support the balancing of environmental protection and climate change mitigation with socio-economic challenges. Thereby this paper fills this intellectual void by identifying the strengths and weaknesses of the Japanese EIA law by contrasting it with the recently revised EIA Directive of the European Union (EU). This enables the identification of the regulatory provisions that impact RE development the most and the determination of how structured EIA law reforms would affect domestic RE project development. The main focus lies on the evaluation of regulatory streamlining efforts in the Japanese and EU contexts through the application of a mixed-methods approach, consisting of in-depth literary and legal reviews, followed by a comparative analysis and a series of semi-structured interviews. Highlighting several legal inconsistencies in combination with the views of EIA professionals, academics and law- and policymakers, allowed for a more comprehensive assessment of what streamlining elements of the reformed EU EIA Directive and the proposed Japanese EIA framework modifications could either promote or stifle further RE deployment.