Quality control and the substantive influence of environmental impact assessment in Finland

Abstract

Abstract This paper focuses on the challenges concerning the quality assurance of environmental impact statements (EIS) in Finland and the European Union. Moreover, the linkage between environmental impact assessment and decision-making is examined from a legal point of view. In addition, the paper includes some comparative remarks concerning the content requirements of examination of alternatives. The study reveals that a significant problem of the Finnish EIA system is the lack of efficient access to a judicial procedure to challenge the quality and completeness of an EIS. Another pitfall is the fact that in certain permit procedures, environmental consideration is so limited that only a minor part of the EIA can be taken into account. In its current state, EIA legislation in the EU and in Finland does not guarantee that the assessment results filter into decision-making. From the national point of view, the shortcomings can be addressed by amending current legislation concerning licensing procedures so that authorities have the competence and the duty to take environmental matters widely into account in the permit consideration. At the European level, a legislative alternative could be to strengthen the substantive element of the EIA Directive (85/337/EEC). This would increase the weight of EIA related arguments in the national appellate procedures and contribute, in some cases significantly, to the substantive influence of EIA in decision-making.