Unit13 Lecture Notes

The course material has been developed by Professor Joyeeta Gupta. Page 1

13. Introduction to National

Environmental Institutions By Joyeeta Gupta

13.1 Learning Objectives and Introduction

Water law and policy have a long history. Environmental law, in contrast, has a relatively

short history. Environmental issues can be clustered into local issues, national issues, fluvial

issues, continental issues and global issues. Global environmental challenges were discussed

in the previous Unit. Fluvial issues concern primarily water related issues and these have

been dealt with in other Units. This chapter focuses primarily on environmental challenges at

national level and institutions to deal with these challenges.

After reading this Unit, you should be able to:

Define and understand the key environmental challenges at national level ( 13.2);

Understand and analyse the driving factors of environmental change at national level

( 13.3);

Understand and analyse the roles of different actors in environmental policymaking at

national level ( 13.4);

Understand and analyse the different systems of environmental policymaking in

different parts of the world ( 13.5);

Understand how environmental agendas are set in national contexts ( 13.6);

Understand and analyse the principles of environmental law that are being applied in

domestic contexts ( 13.7);

Examine different kinds of policy instruments to deal with environmental problems

( 13.8);

Analyse and assess environmental impact assessments (13.9);

Examine the status of countries in implementing international agreements ( 13.10);

and

Integrate the different aspects in order to understand the environmental challenges

facing countries at different levels of development.


13.2 Key Environmental Challenges at National Level

Environmental challenges at national level can be clustered in different ways. You can cluster

them in terms of different environmental sectors. Atmospheric problems will then comprise

air pollution and climate change; water problems will comprise the pollution of surface

water, ground water and marine waters and fresh water depletion. Wildlife and habitat

problems include issues such as risks to individual species and ecosystems, deforestation and

land degradation. Issues in relation to specific substances include the problems of hazardous

wastes, accumulation of wastes beyond the carrying capacity of the land, and the depletion of

resources. These problems operate at different levels of spatial scale, and involve almost all

sectors of society. (see Table 13.1). A number of these problems are further aggravated by

the impacts of the problem of climate change. For example, climate change may affect the

hydrological system leading to changed precipitation patterns, rising sea levels, extreme

weather events and melting glaciers which will have significant impacts on domestic

economies.

Table 13.1.Exemplaric list of environmental problems at national level

ISSUE AREA NATURE OF THE PROBLEM SPATIAL SCALE SOCIAL SECTORS

INVOLVED

Atmosphere Air pollution Local to continental Industrial, energy,

transport

Climate change Local to global All sectors

Water Fresh surface water pollution

and ground water pollution

Local to fluvial All sectors

Freshwater ecosystem

collapse

Local to fluvial Fisheries and

pollution from other

sectors

Coastal zone challenges Local to international Urban sector and

pollution from run

off

Management of Exclusive

Economic Zones

National Fisheries and

shipping

Wildlife and

habitat

Species protection Local to continental Land use change

Ecosystem protection Local to continental Land use change

Deforestation and land

degradation

Local to national Land use change

Substances Nuclear wastes National Energy sector

Other hazardous substances Local to national Industrial sector

Waste Local to international Urban and

agricultural sector

Depletion of resources Local to international Urban and

agricultural sector

13.3 The Driving Factors for Environmental Degradation

In order to be able to make appropriate policies to deal with environmental challenges, one

needs to understand the factors that lead to environmental degradation. For each specific


issue, there will be different sets of factors that lead to environmental degradation. Diagnosis

of the problem in a specific setting is important in order to be able to design appropriate

policies for specific contexts.

The drivers need to be divided in terms of whether they are direct (proximate) drivers or

indirect (underlying) drivers. For example, a specific fishing technique may lead to

exhaustion of fish. This is a direct driver. An indirect driver could be the rise in the global

demand for that fish.

The drivers also need to be analysed in terms of the administrative scale at which they

operate; this is critical in order to determine the level at which policy instruments need to be

designed.

Let us take the case of deforestation. Geist and Lambert (2002) identify the direct drivers of

deforestation as infrastructure expansion (e.g. the development of a transport system),

agricultural expansion (e.g. land use change from forests to agriculture to feed people) and

the use of wood and other forest products (e.g. fruits and medicines). Underlying factors

include demographic factors (e.g. population growth), economic factors (e.g. international

debt or the need to promote rapid economic growth), technological factors (e.g.

extensification of agriculture), policy and institutional factors (e.g. property rights; policy

context and incentives), cultural factors (e.g. values and public behaviour). Other factors may

include forest fires and insect damage; the impacts of climate change, etc. Understanding

how these drivers apply in specific contexts will help in designing appropriate instruments.

13.4 The Role of Different Actors in Environmental Governance

Unit 2 introduced the concept of governance. It argued that there has been a shift in thinking

from government to governance. Government was focused primarily on the role of the state

in managing social, economic and environmental challenges. Governance is a much broader

term that examines the role of all social actors in managing issues of importance to society.

In general, one can cluster the different actors engaged in environmental governance as

follows:

The state: The central, provincial and local governments have a strong role to play in

governance. They provide the basic rules of the game and have the legal and authoritative

framework to promote policymaking. The state can be both a polluter as well as a problem

solver. Its role as polluter emerges through its land use policies and its development policies.

Its role as problem solver emerges through how it integrates its environmental policies in all

its different departments at different levels of governance.

The private sector: The private sector from small scale (small and medium enterprises,

SMEs) to large scale (banks and multinationals) have a very influential role as actors in

policymaking. The small and medium enterprises are critical for the economy. In developed

countries they are often part of the formal economy; in developing countries they may be part

of the informal economy. SMEs are often so small in size that it is very difficult for them to

invest in environmentally friendly behaviour; however, sometimes their very size makes

them more ecofriendly. Large industry, by definition, uses more resources and has more


wastes and is often see as the problem by environmentalists. However, large industries also

have the resources to make their production processes more environmentally friendly.

The non-profit sector: The non-governmental sector which also works on a non-profit basis

espouses a number of causes developmental, social, environmental. This sector is often

very influential in pushing its problem definition and its solutions on to society using a range

of techniques at its disposal lobbying legislators, litigating in court, public awareness

campaigns, advocacy with administrators, etc.

The residents: The individual residents of a country also influence the policymaking process

through their votes, public protests and public demands. Some groups of residents often get

less emphasis in national politics such as women, youth, local communities and indigenous

peoples. Increasingly, these groups are beginning to organize themselves and make their

voices heard.

International actors: Increasingly, countries are no longer isolated from international

influences. The most direct influence stems from international environmental agreements

which impact on local policy; however, there are more subtle influences as well. International

environmental NGOs have a major impact on domestic policy processes. Aid agencies and

Development Banks have influenced national policymaking in a number of countries through

the process by which aid is provided to countries (Scheumann et al. 2008). Multinationals

often shape or pre-empt policies in countries through their behaviour.

Depending on the specific context, the role of these actors will be different in influencing

national policies. In dictatorships, the state may have greater control; in democracies all

actors may have a role. In large rich countries, domestic processes may be more influential,

in smaller and poorer countries, the role of foreign actors may be more dominant.

On an issue by issue basis, there may be different stakeholders involved. Table 4-1 (see Unit

4) defines stakeholders in terms of their interests (seller, buyer, third party support, third

party victim, payer). These stakeholders all have a role to play in the policymaking processes.

13.5 Different Systems of Policymaking in Different Parts of the World

There is no one ideal way of making policies in countries. Each country has developed its

own norms and processes. If we can divide the global community into capitalist, democratic

western countries, countries with economies in transition, communist countries, and

developing countries, different trends can be observed. Democratic western countries have, in

general, strong rule of law, an advanced legal and government system, a major role for non-

state actors and private sector actors and space for self-governance. They have very regulated

processes of policymaking (see 13.7). Communist countries like China have a very

centralized decision making process; and the role of non-state actors is limited. Countries

with economies in transition are in a process of moving from a state-centred communist

system to a more democratic, pluralistic mode of policymaking. Most other developing

countries have, in general, a relatively weak state, weak rule of law and are engaging other

social actors in policymaking but the lack of a strong legal environment is often a

challenge.


In civil law countries, formal law policies are made mostly by the state. In common law

countries (mostly former colonies of the UK), formal precedents on environmental issues

may also be generated by the judiciary.

Different countries have different approaches to dealing with environmental issues. For

unitary countries environment is a central government subject, for federal states it may be a

state government subject. This implies that different actors may have the authority to take

action on environmental issues. Furthermore, since Table 13.1 shows that environmental

issues affect many other sectors in society, it becomes important to understand how authority

on other issues is shared between different administrative levels in society.

Most governments adhere to an ideological system. For strong capitalist countries, the state is

seen as having a minimal role, while the private sector occupies a major role. For socialist

countries, the state is seen as a having a major role.

Finally, countries have different policy cultures. Some policy cultures are focused on

consensus building (e.g. the Netherlands polder model), others are more focused on science

based policy making; others are more individualistic and influenced by networks.

13.6 The Policy Making Process

In general, the policy making process begins with the process of problem framing defining

a problem in a specific way. Social scientists believe that there are no objective ways of

defining or articulating a problem; problems are socially constructed by the people who are

framing the problem (Hoppe/ v.d.Graaf 1991: 5). The framing is influenced by assumptions

regarding how the world works, by a predisposition towards certain approaches to economics

(from neo-liberalism to neo-Marxism), environment (from deep ecology to anthropocentrism),

politics (from democracy to dictatorship) and science (from normal value free, reductionist,

rationalist science a la Kuhn 1962 to post-normal/public interest science which accepts that

science has value biases and that stakeholders have a strong role to play in science ).

These problems can then be classified as structured or unstructured. A structured problem is

one where there is social consensus on the underlying science and values. An unstructured

problem is where there are disputes regarding the science and conflicts in values

(Hisschemller 1993). The more structured a problem is, the easier it is to take technocratic

approaches to solving the problem; the more unstructured a problem is, the more there is need

for a participatory approach to problem solving. Some of the literature also refers to

unstructured problems as wicked problems (see also Unit 3, Fig. 3.2).

The policy making process also uses knowledge. This knowledge can be the knowledge of

formal scientists, the knowledge of social actors who are often experts in issues that concern

them, and the knowledge of local communities and indigenous groups. Theories about

knowledge use were discussed in Unit 4, 4.2.3. How this knowledge is used differs from

society to society. Some cultures have institutionalized the process of knowledge use; others

have yet to do so. At the same time the policy making process protects knowledge. Some types

of knowledge are protected through intellectual property rights systems; others are not indigenous knowledge is typically not protected, despite movements to do so. This also creates

problems regarding what kinds of knowledge can be used and are affordable at different points

of time.


Unit 3 has discussed that in policy processes a key step is the process of agenda building.

Building an agenda is often a prerequisite to making policies. It discussed the role of power in

setting national agendas and the concept of non-decisions. Policy processes may go through a

cycle of disagreement, to increasing agreement about the problem, then to the design of

possible solutions and finally, the stage of management and self-regulation as the problem is

brought under control (Winsemius 1986). However, such processes may continue indefinitely if

the management and self-regulation stage is unable to address the problem, leading to new

discussions of the nature of the problem and hence the nature of the solutions. Please review

these concepts a little.

13.7 Principles of Environmental Law and Policy

A key element in policy making is identifying the norms and principles that determine how

responsibilities are to be allocated between different social actors in society. As environmental

law and policymaking is of relatively recent origin, much of the principles can be traced back to

the 1972 UN Conference on the Human Environment (see Unit 9 9.3). The resulting

Stockholm Declaration clearly stated that although countries were sovereign, they could not

cause harm to other states. This imposed a duty on states to prevent if possible transboundary

environmental harm (Principle 21). They also argued that humans have a right to live in a

healthy environment (Principle 1), the principle of appropriate management of ecosystems

(Principle 2), rational management of resources and integration of environment in development

(Principle 13 and 14). The World Charter for Nature promoted respect for nature (see Unit 9

9.4). The subsequent 1992 Rio Declaration on Environment and Development then adopted 26

principles (see Unit 9 9.6) and these have also influenced national policymaking processes.

The key principles that are being adopted by national governments are:

Sovereignty subject to duty: States have full authority to undertake activities within their

boundaries but must not cause harm to others.

Sustainable development: Since 1987, many countries have adopted some variant of the

sustainable development principle, which calls for meeting the needs of present generations

without compromising the ability of future generations to meet their own needs (see Unit 9

9.2).

Integration of environment into development: Many states have adopted the idea of

integrating environmental issues into development issues. This concept has been further

elaborated in concepts such as integrated water resource management, integrated pesticide

management, integrated solid waste management, etc.

Precautionary principle: Many industrialised countries and some developing countries have

adopted the precautionary principle; i.e. that preventive measures should be taken in the case

of pollutants that are likely to have an irreversible effect on the resource (air, water or land),

even when there is inadequate scientific proof.

Subsidiarity principle: European Union countries and many others are increasingly

adopting the subsidiarity principle that measures should be taken at the lowest appropriate

administrative level.

Which principles have countries

adopted?


Polluter Pays Principle: Furthermore, the polluter pays principle is being adopted to ensure

that the polluter pays a certain tax for being allowed to pollute. In 1972, OECD member

countries agreed to base their environmental policies on the polluter pays principle. This

principle forms the basis of environmental levies. Although these levies are in the realm of

economic measures, they are often part of national regulation. Economic / financial

instruments can be used to influence consumer and producer behaviour and /or to raise the

necessary capital to protect environmental resources.

Best available technology: This principle calls on parties to use the best available

technologies within society to address an environmental problem.

Best available technology not entailing excessive costs: where the best technologies are

expensive, the principle of BATNEEC is sometimes adopted. This principle allows parties to

choose cheaper technologies.

Most appropriate technology: Many countries are increasingly adopting the most

appropriate technology principle in reaction to the fact that the best available technology may

not be the most suitable for their countries.

Environmental impact assessment: The principle of environmental impact assessment calls

on parties that are proposing to start on large projects to study the impacts of the project on

the environment.

Prevention principle: The prevention principle allows states to take action to prevent a

possible harmful impact.

Liability: In most legal systems people who breach the laws are held accountable or liable

under the laws of the land. This implies that those who contravene the provisions of the law

get punished. Such sanctions can be in the form of fines, imprisonment, financial

compensation to the victims of the pollution, or reparation of the damage caused to the water

body.

Human right to environment: Increasingly countries are also recognizing the human right

to a safe environment.

Case 13-1: Best available technology in the Convention on the Protection and Use of Transboundary Watercourses and International Lakes

1. The term best available technology is taken to mean the latest stage of development of processes

facilities or methods of operation which indicate the practical suitability of a particular measure for limiting

discharges emissions and waste. In determining whether a set of processes, facilities and methods of operation

constitute the best available technology in general or in an individual case, special consideration is given to:

a. Comparable processes, facilities or methods of operation which have recently been

successfully tried out

b. Technology advances and changes in scientific knowledge and understanding

c. The economic feasibility of such technology


d. Time limits for installation in both new and existing plants

e. The nature and volume of the discharges and effluents concerned

f. Low- and non-waste technology

2. It therefore follows that what is best available technology for a particular process will change with time in

the light of technological advances, economic and social factors, as well as in the light of scientific knowledge

and understanding.

Point to Ponder: How can the concept of best available technology be used in developing countries?

13.8 Policy Instruments to Deal with Environmental Challenges

Policy instruments which deal with environmental challenges can be divided into different

categories: regulatory instruments (standards, environmental impact assessments, protected

areas, spatial planning, property rights, law enforcement); economic instruments (subsidies,

taxes, emissions trading, payment for ecosystem services), scientific instruments (data

collection, monitoring), persuasive instruments (public awareness campaigns, public

participation processes), self-management instruments (corporate social responsibility,

labelling and certification, community management approaches) and public private / public

community partnerships. These are discussed below.

13.8.1 Regulatory instruments

Regulatory instruments include standards, environmental impact assessments, protected

areas, spatial planning, property rights, and law enforcement.

Standards: Standards can be of different types. Performance standards lay down acceptable

levels of emission and effluent standards without specifying what the methods of production

should be. Emission and effluent standards require the polluter to take measures to ensure that he

will not exceed those standards. Effluent Standards should, in general, identify: the quantity of

discharge allowable, the maximum daily permissible concentrations in unit waste streams of

permissible effluents, and specific treatments required for specific effluents. This is an

effective way of protecting the environment. Theoretically, this implies that the environment

will be as clean as aimed at by policymakers and this is a big advantage when results must be

achieved. However, as it is difficult to monitor complex and diffuse sources of emissions, the

system could be less effective in those cases. Standards can be either `technology based' or

`technology limited.' Technology based standards are standards that are chosen on a finding

of what is technologically feasible. When they are `technology based' they work as a

technology forcing option. Even when they are `technology limited' they may work in such a

way as to exclude on a regular basis that part of the production sector which pollutes the most

(i.e. by setting a level so as to exclude e.g. the worse 10% of polluting technologies and

updating standards on a regular basis). This approach promotes innovation, while keeping

freedom of choice and market competition essentially intact. The Best Available control

Technology (BAT) and the Best Practicable control Technology (BPT) standards are imposed

on the dischargers. The BPT standards are lower than the BAT standards; but are allowed in

order to give producers time to change over to the new system. The BAT standards are used

What is the difference

between technology based and

technology limited

standards?


frequently in relation to non-conventional and highly toxic pollutants; where the BPT standards

are not considered acceptable. These standards are revised regularly. Other standards include

new source performance standards for new sources of pollutants, water quality related

standards when technology forcing standards were not adequate to reach the target; and

standards for toxic pollutants; and pre-treatment standards for sources that discharge certain

types of pollutants. These have been used in different states in America.

In addition to performance standards, design standards may be used to specify the manner in

which the equipment, structure, products and production processes must be constructed,

arranged or planned. Design standards could also include efficiency and water related standards

which specify, for example, the amount of pollutants the production process may generate.

Furthermore, efficiency standards may also be set with respect to the end product. Thus, for

example, an average washing machine should not require more than a specified amount of water

when used in residential apartments. Design standards could be very useful to regulate the

discharges from mobile sources such as boats and ships. Behavioural standards specify

procedures that are intended to reduce the risk of accidents, injury or even the discharge of

pollutants. Information standards are applied when, in order to avoid paternalistic overtones,

the government leaves the choices to the market place. In such situations, information standards

require that information should be provided to consumers so that they can make informed

choices. Merely specifying the standards does not imply that the standards will be followed. The

law allows the polluter to defend his non-compliance with the standard on the basis of reasons

acceptable within the framework of the law applicable in the country concerned. The

administrative or judiciary has the opportunity to weigh the alternative views in order to

determine the legitimacy of the claims. Sometimes countries may even ban certain types of

activities.

Ambient standards are quality standards which specify the minimum level that must be met by

a specific resource, such as soil, air, or water. Ambient standards state the minimum levels that

must be met in a water body or source, soil area or air within a region marked by geographical or

political boundaries. The purpose of the standards is to a) establish the maximum level of

pollution allowable in the waters, air or soils; and b) provide an avenue of legal action against

polluters. A water, soil or air quality standard can consist of two parts: a designation of the

desired use for a given body of water, soil or air (zoning); and the water (soil or air) quality

criteria appropriate for that use (Goldfarb, 1988).

In most European Union countries, minimum water quality standards are defined for water

supply, bathing, fishing, irrigation, etc. The general standards applicable to water bodies

designated for different uses can be the following: Public water supply standards; Physical

standards; Bacteriological standards; Industrial water supply quality criteria; Food industry

criteria; Standards for manufacturing industries; Irrigation; Livestock watering; Fish and

wildlife; Aquatic insects; Shellfish; Recreational and aesthetic criteria; and Ecological standards.

Each country probably has different sets of standards spread through different laws, e.g. health,

environmental and industrial laws. In the absence of national standards, reference could be made

to standards accepted by international institutions or by other countries. However, these

standards would clearly need to be adapted to local conditions.

The designation of water bodies for different uses is itself a complicated task. Defining some

bodies as `protected ecological zones' and some as breeding grounds for special types of fish

What use specific water standards can

be set?


needs to be justified on the basis of substantive and procedural criteria. Such zones can be

included in water law or in a physical planning law.

The sources of pollution can be point and non-point sources. Point sources are discharges that

are made, for example, via a pipe-line. Non-point sources are diffuse sources of pollution such

as agricultural run-off. Although the impact of the discharge may be the same, there are

enormous legal and political consequences of the differing sources of pollution. With regard to

point sources, industrial units can be required to get a permit to discharge their effluent into a

water body. Point sources are easy to monitor and technology forcing standards can be imposed

on the concerned source. This is being done in many western countries.

Non-point sources are more difficult to control. Some legal systems are trying to deal with the

issue by studying the type of diffuse emissions, relating these emissions to what inputs are used

by the economic unit concerned and by developing standards for the use of the input. Thus, for

example, where the surface run-off is polluted with a certain quantity of pesticides, norms and

standards can be established to regulate the use of the pesticide in relation to the land and crop

that it is used on.

Environmental Impact Assessment: Traditional regulations of environmental issues have

emerged as reactions to current problems, rather than as preventive policies. This leads to a

fragmented approach towards environmental legislation. Such legislations had a narrow legal

mandate, operated within a tight framework, had a strong effects-oriented standards agenda and

did not cover new environmental issues.

Whenever a new industry or activity is initiated, it is likely to have an impact on the

environment. Instead of waiting for the impacts to manifest themselves before action can be

taken, the precautionary principle requires that some preventive action is taken. One such action

is the drafting of an environmental impact assessment. The purpose of an environmental impact

assessment is to assess the consequences of the activity to be undertaken on the environment

and to prepare a statement summing up the various impacts on the environment. EIAs were

initially developed in the US in 1969 when they were institutionalized in the National

Environmental Policy Plan. In 1985 the European Union adopted its Directive on Environmental

Impact Assessment which was revised in 1997 (Directive 97/11/EC).

An EIA calls for a procedure of the following three steps: (i) a preliminary activities (screening

of key issues, and a preliminary assessment), (ii) a period of scoping and the preparation of an

Environment Impact Study or Statement, and (iii) the review of the EIS during a public

hearing, followed by decision making. If the project is approved, an Environment Management

Plan has to be implemented, followed by monitoring. It is expected that the EIA should be

integrated into the project cycle. UNEP has developed a training manual on EIA1.

A number of critical legal issues in relation to environmental impact statements can be

identified:

Threshold issue: In which case must an impact statement be prepared? The law must indicate

for what sort of projects and activities an environmental impact statement needs to be

prepared. This is quite complex, and sometimes the law may even require border-line

1see http://www.unep.ch/etu/publications/EIAman_2edition_toc.htm for the UNEP

Environmental Impact Assessment Training Resource Manual (Second Edition)

Why is environmental

regulation often fragmented?

What are the key legal issues

in EIAs?

How can non-point sources be

addressed?


activities to prepare an Environmental Impact Assessment or a Finding of No Significant

Impact.

Scope of an Impact Assessment: The law also needs to provide a range of factors that need to

be taken into account in an EIA. How detailed should the EIA be? Should the EIA merely

mention the possible emissions, discharges and wastes, or should it also cover the potential

effects of these emissions, discharges and wastes on the neighbouring environment? And to

what extent?

Another critical issue is: Should the project manager also indicate what the alternative

projects are, and which of the alternative projects has the least impact on the environment?

How many alternatives should be considered in an EIA?

For many developing countries, it is perhaps not adequate to merely cover the impacts on the

environment. It is also important to cover the impacts on human beings. Several developing

country researchers believe that the scope of the EIA should be extended to make it a Social-

Environmental Impact Assessment. This is already being done through case law in the United

States.

The issue of segmentation: The entrepreneur splits sometimes projects up into acceptable and

less acceptable parts. The acceptable parts are proposed first; and once these get clearance

from the appropriate administrative authority, the less acceptable parts become automatically

more acceptable, because the alternatives are no longer viable. In the United States, road

building projects by municipal authorities have been split up for such a reason. In one famous

case, two roads were proposed leading to different parts of a park. These were accepted. Then

a proposal was made to join the two roads through the park. Had the project been submitted

as one proposal, it would not have been approved. However, since the other two roads were

ready, and it was no longer viable to use an alternative, the project was approved. This case

raised several legal issues on the possibility of segmentation of projects.

Program and/or Strategic Impact Assessment: It is not always adequate to only consider

impact assessments for individual projects, sometimes the cumulative impact of a series of

related projects and/ or the entire underlying strategy needs to be taken into account.

Adequacy of the Impact Assessment: Once the assessments are prepared, it is necessary to

evaluate them for accuracy and in accordance with certain principles. Thus, the authorities

have to design rules on how they will evaluate the proposals.

Procedural element: The items above covered the substantive elements of an Environmental

Impact Assessment. The law also provides for procedural elements. As the law aims at

creating enforceable rights and clear expectations about obligations; it is important that the

entrepreneur knows what are the precise rules regarding a project. Once he submits a

proposal and an EIA; the impact assessment should also be made available to all those parties

who may be affected by the project. They should then be given the right to object within a

certain time frame. Thereafter the pros and cons of the project are evaluated by the regulatory

authority, taking into account any objections that may have come in. The authorities can then

take the decision to accept, modify or reject the proposal. Normally the legal system should


allow the entrepreneur as well as any other objector the right to appeal to a higher authority

or to take the matter to court.

Developing countries have been adopting EIA regulations since the 1970s. The earliest

adoptions took place in Malaysia, Thailand, Philippines, South Korea and China, Colombia

and Venezuela and Papua New Guinea. Many have adopted this under pressure from

international declarations, international NGOs, international development banks and aid

agencies. Several of the countries with economies in transition adopted EIA in response to

the possibility of joining the European Union. However, many poorer countries face the

problem of lack of political will and public awareness (Glasson and Salvador 2000, Wood

2003), lack of regulations and guidance (Alvarez 2000, Odongo 2006), flaws in

administrative procedures and weak enforcement of guidelines (Wood 2003, Alshuwaikhat

2005), limited financial resources (Sankoh 1996, Abaza et al. 2004), limited access to

information (Zubair 2001, Odongo 2006) and lack of trained human resources (Glasson and

Salvador 2000). There are biases in the reports, limited public involvement, often corruption

and poor monitoring and auditing.

Licenses/ permits/ quotas: Although it is recognized that human beings cannot live without

polluting, the emerging principle is: No discharge without a permit/ license or concession.

This principle has been integrated into national laws to varying degrees in industrialised

countries and perhaps to a much lesser extent in developing countries. Such permits may also

include a quota i.e. the amount of fish that can be fished in a time period.

Spatial planning and protected areas: Another key regulatory instrument is spatial

planning. Spatial planning is defined as an instrument that allocates land to different human

activities such as settlements, housing, forests, agriculture etc. (Harris et al., 2002). It

includes urban planning and regional planning. Spatial planning is seen as critical for the

quality of life. The Council of Europe Conference of Ministers responsible for

Spatial/Regional Planning (CEMAT) defines spatial planning as follows: "Regional/spatial

planning gives geographical expression to the economic, social, cultural and ecological

policies of society. It is at the same time a scientific discipline, an administrative technique

and a policy developed as an interdisciplinary and comprehensive approach directed towards

a balanced regional development and the physical organization of space according to an

overall strategy" (CEMAT, 2008: 2). This concept replaces older concepts such as zoning

and town planning, etc. It is often based on a spatial vision for a country (Zonneveld, 2005).

It generally includes rural land use planning, which allocates land and water to different

uses(i.e. agriculture, protected areas for forests and species, urban settlements, industrial land

use, coastal zones, recreational areas, areas for swimming or fishing, commercial activities,

transport, roads and railways). For this, the land or water needs to meet different standards.

Instruments of spatial planning include plans and zoning by government departments,

including the designation of protected areas areas that are regulated and protected from other uses in order to maintain ecosystems and forests; and permits to use land (e.g. building

permits, land use permits, waste generation permits).


Property rights, and law enforcement

Property rights are also seen as a key instrument for managing resources. According to some,

clear property rights ensure that those who have ownership will manage the resource to the best

of their ability. For example, a house owner will maintain his or her property. At the same time,

private ownership of forest lands may not imply protection of the forests and instead may lead to

fragmentation or sale of forest lands for more lucrative land uses.

Point to Ponder: Given that water law has become so intimately connected with the production process in agriculture and industry, is it sensible to focus purely on water law or should the field of water law be integrated into a comprehensive environmental law?

13.8.2 Economic instruments (subsidies, taxes, emissions trading, payment for

ecosystem services)

Economic instruments tend to change the costs and benefits of actions; by changing this ratio

they are expected to influence human behaviour and let them choose the best alternative for

them. Such instruments are seen as more flexible and more cost-effective than regulatory

instruments. But this assumes perfect knowledge, no market distortions, and a lack of

uncertainty. Such instruments are seen as creating markets (e.g. tradable quotas or permits) or

not creating markets (taxes, subsidies, deposit-refund schemes). The theoretical

foundations of economic instruments can be traced to Pigou (1920), Coase (1960) and

Baumol and Oates (1971).

Taxes: Taxes can be applied to emissions of pollutants or may be based on energy or

carbon content of products. Tax allowances such as exemptions, rebates and accelerated

depreciation are also tools to change the behaviour of targeted social actors.

Subsidies: Subsidies are financial incentives given to social actors to induce them to take

some kinds of action and do not need repayment.

Soft loans: Soft loans are also a financial incentive to social actors to change their

behaviour and have lower interest rates than the current market rate.

Emissions/permit trading: Actors with rights/ permits are allowed to trade in these

rights/ permits thus ensuring that the total pollutants or resources used in a society are

limited. It allows the market to allocate the resources between different actors and can be

cost-effective. However, it calls for an initial allocation of rights and permits, and for

creating a regulatory system to support and monitor the trading of rights and permits.

Deposit-refund schemes: Such schemes help to reduce pollution of the environment and

encourage recycling by giving the consumer an incentive to return products (such as used

bottles) for recycling purposes.


Payment for ecosystem services: Payment for ecosystem services calls on social actors

to pay for the variety of ecosystem services that are maintained by those who refrain from

polluting and existing services.

13.8.3 Scientific instruments

Environmental policy making is very much dependant on data collection data about the

state of the environment, data about the causes of environmental pollution and data about

how policies are working. This data collection implies the setting up of organizations that

have the resources to undertake such work and are authorized to do so. Scientific instruments

provide the rationale for action.

13.8.4 Suasive instruments

Suasive (persuasive) instruments are instruments that change human preferences through new

knowledge. They aim at creating awareness in consumers and thereby changing their

consumption patterns in a way that can benefit the environment, without forcing a change in

behaviour. They are often not very effective on their own, but in combination with other

instruments can lead to changed behaviour. They include:

Public awareness campaigns: These are aimed at raising general awareness of the public on

environmental issues.

Public participation processes: These are aimed at involving the public in problem

definition and problem solving.

Eco-labelling and certification schemes: These can be initiated by the state or by non-state

actors and call for the labelling of products in order to influence specific consumer choices.

For example, the Marine Stewardship Council labels on fish products aim to communicate to

the consumer that the fish product has been sustainably caught. Forest Stewardship Council

labels on wood products communicate that the wood has been sustainably accessed.

13.8.5 Self-management instruments

There are a number of self-management instruments to promote environmentally friendly

behaviour. These include:

Corporate social responsibility: Corporate social responsibility (CSR) calls on the private

sector to develop its own norms regarding its conduct and to use these norms to determine

their daily actions. These norms are to be based on the private sectors vision about its

responsibility to society and the environment. It tends to actively and voluntarily engage

the private sector to go beyond existing legal and economic obligations (ISO 2008: 3).

CSR takes the norms and values of society into account, can be integrated into the

processes of the company, is in line with the law, responsible, transparent and often

adopted in discussion with social stakeholders.


Community management schemes: Community management schemes of local resources

are increasingly promoted by a diversity of actors. The idea is that the local communities

have the most to gain by protecting their ecosystems and have the most knowledge regarding

these systems and are therefore motivated to do so. Especially in the area of forests and

ecosystem management, community based management schemes are very popular.

13.8.6 Public private / public community partnerships

The last category of instruments include public private partnerships, public community

partnerships and voluntary agreements.

Voluntary agreements: Some governments prefer to use voluntary agreements (VA) as a

means to convince industry to take action. They make deals with entire sectors about the

possible measures that the sector should take in a specific period of time. Industries prefer

VAs because they are not legally binding and because they are based on good will. However,

this can also be their weakness as there is no way to force industries to take action.

Case 13-2: Institutional Analysis of Desertification in Uganda

Existing law and policy on desertification

National level administration arrangements

There are a number of administration arrangements that are related to desertification management in Uganda

at national, decentralized, non-governmental and grass root level. At national level, 7 of 15 ministries are

involved. These include:

The Ministry of Water Lands and Environment (MWLE) which supervises the National Environmental

Management Authority (NEMA) and the Uganda Land Commission. The Ministry is in charge of policy

formulation and review in the sectors of water, land and environment.

The Ministry of Agriculture, Animal Industry and Fisheries (MAAIF)

The Ministry of Education and Sports which is involved with regard to environmental education and

awareness training.

These ministries and other lead agencies in relation to the environment are coordinated by the National

Environmental Management Authority (NEMA). NEMA is the principal agency in Uganda for the management of

the environment with particular mandate to coordinate, monitor and supervise all activities in the field of the

environment.

The lead agencies have the responsibility to develop internal capacity to contribute to sustainable

environmental management, collect data and disseminate information, and promote environmental education

and public awareness in their respective sectors. They also ensure effective enforcement, implementation,

compliance, and monitoring of laws, policies and activities within their mandates. In addition, it is their

responsibility to supervise within their legal and administrative mandate the conduct of EIAs and set standards

and carry out inspections. Coordination and communication between each lead agency and NEMA and among


the lead agencies is strongly encouraged and is legally provided for in the National Environment Management

Statute, 1995.

A national coordinating body has been established to monitor activities on combating desertification and

implementation of the UNCCD. This body consists of the MAAIF as the lead ministry and a National Steering

Committee (NSC) with a wide representation of stakeholders.

Through this body, another organisation that coordinates the activities of Non Governmental Organisations

(NGOs) that are linked to combating desertification, and committees that deal with desertification issues has

been formed in 9 districts. From these committees, information on the concerns of the local communities

regarding desertification was collected and included in the National Action Plan to combat desertification. The

relationship from the national coordinating body down to the local communities is shown in the figure below.

Figure 13-1 Relationship from the national coordinating body down

to the local communities

horizontal linkages

vertical linkages

National Level:

District Level:

National Action Plan (NAP)

Secretariat

NGO bodies

District Steering

Committee (DSC) District NGO focal

points

National NGOs Coordinating

Committee (NCC)

National Steering

Committee (NSC)

National Coordinating Body on the implementation of

the UNCCD

Communities


The NSC guides policy formulation and advises the government on matters concerning the implementation of

the Convention to combat Desertification in the country.

The NSC activities are based on a work plan designed to guide implementation. Institutional arrangements to

ensure that local actors fully participate, control and take ownership of designing and implementing the

national planning processes, have resulted in the establishment of District Steering Committees.

Decentralised Bodies

The District Council is the highest level at the district to ensure the integration of environmental issues in

the development planning process. It is this council which has a direct communication link with the

District Support Coordination Unit within the office of Executive Director, NEMA. The District Council is

charged with formulating and reviewing development plans, solving local problems and making byelaws.

The District Technical Planning Committee is made up of the District Education, Agriculture, Environment

and Veterinary officers. The committee assists the District Environmental Committee to plan and develop

District Environmental Action Plans.

The District Environmental Committees act as a forum for community members to discuss and recommend

environmental policies to the District Council.

The district land board for each district holds and allocates land in the district, which is not owned by any

person or authority; to facilitate the registration and transfer of interests in land; and to deal with all

other matters connected with land.

Informal Arrangements

Informal laws play a vital role in the personal lives of the people in matters concerning ownership. It is worth

noting how the communities have been managing their resources under informal law or customs.

Traditionally there are rules among the Basongora - an agro pastoral community- to ensure the wise use of

forest reserves. The rules are enforced by an appointed elder. Sanctions were imposed on those destroyed

trees considered particularly important. The selling of wood is uncommon and allowed only to the very poor

and widows without livestock. Among the Karamojong, pastures were never over-utilized. As soon pastures

were almost all grazed on and depending on the stars, the nomads would move to the next pastures leaving the

former ones to re-generate. But now this nomadic life has been restricted.

The Baganda a purely agricultural community through their federal system of government have a minister of

environment. He mobilizes communities through mass media to carry out afforestation projects.


Figure 13-2 Structure of Formal Environmental Management in Uganda

Non Governmental Organisations

Since there are many NGOs with diverse goals and activities, a National NGO Coordinating Committee on

Desertification (NCC) was formed to facilitate coordination and networking arrangements of NGOs and to

implement programmes for combating desertification. This NCC has a membership of 16 NGOs, six at national

and nine at district levels.

The aim of the NCC is to create awareness among different stakeholders on desertification, build the capacity

of local communities to combat desertification, coordinate activities of NGOs aimed at combating

desertification and drought and advocate and lobby for CCD objectives.

District Education

Officer

District Environmental

Officer

District Water Officer

Local Communities organized under local councils

District Forest Officer

District Agricultural Officer

Vertical linkage to community provided

through environmental committees

Horizontal linkage

between ministries

provided through

NEMA

Vertical linkage between

districts and ministries provided

through district Councils

District Veterinary

Officer

Prime Ministers Office (Disaster Prep. and Refugees)

Min of Justice & Constit. Affairs

Min. of Education

Min of Local Government

Min of Water, Lands and Environment

Min of Fin-ance, Plan-ning & Eco-nomic Devt.

Min of Agric., Animal Ind-ustry & Fisheries


Legal and Regulatory Framework

The national legal framework is guided by policies, regulations, etc. Since independence in 1962, Uganda has

adopted colonial policies and laws governing environmental resources. Some of those which are still in

existence and are related to desertification include:

The Forests Act (Cap 246, 1964) allows for communities to collect forest resources for domestic use in

reasonable quantities.

The Soil Conservation Act (Cap 245, 1964) makes provisions for conservation of soil and land owned by or

leased to non-Africans. It imposes a general duty on every owner and occupier of land to use, cultivate

and manage it in a manner that prevents soil erosion.

The Cattle Grazing Act (Cap 223, 1964) is to regulate and control cattle grazing.

The Town and Country Planning Act (1964) provides for orderly planning of urban and rural land use. This

however is an old act not providing for environmental impact assessment.

Section 1 of The Prohibition of Burning of Grass decree (Decree No. 5 of 1974) prohibits any person from

burning grass in all areas of Uganda. On the contrary, the decree further says that nothing shall prevent

any person or authority, while taking care not to allow for the spread of a bush fire, from burning grass for

the purposes of clearing a compound, or clearing land for farming.

With regard to legislation in the environment and related fields, the Ugandan Constitution of 1995 provides for

a sound basis upon which environmental laws are made in the country. A number of laws in existence in the

field of environment conservation and management include:

The National Environment Statute (No.4 of 1995). The Statute is the framework law for the management

of environment and natural resources in Uganda. It provides for sustainable management of the

environment and establishes an Authority as a coordinating, monitory and supervisory body for that

purpose;

The Water Statute (1995);

The Local Government Act (1997) re-enforces the "bottom up approach" through the decentralisation

policy that facilitates participation of local populations in decision-making processes for the development

of their local areas;

The Land Act, 1998; The Act requires the person who owns or occupies any piece of land in Uganda to

manage and utilize it in accordance with the Environment Statute;

The Environmental Impact Assessment Regulation, 1998; The regulation requires that developers of specific

activities should carry out an environmental impact assessment; with regard to desertification, a number of

specific initiatives to combat desertification have been undertaken, and pilot projects have been implemented

Furthermore, the Government has taken steps to mainstream the National Action plan on Desertification with

the national Framework through developing a plan on mobilisation of resources, preparation of a country paper

on desertification issues for the Poverty Eradication Action Plan (PEAP) through funding from the Global

mechanism on CCD, making efforts to formulate an integrated drylands programme and vulnerability of lands

and population.


Analysis of Institutional Framework Related to Desertification Management

Deforestation is considered the leading cause of desertification. If this is to be tackled, then the government

should consider alternative sources of energy especially solar and rural electrification, or promote research on

technologies that are less dependent on wood, engage communities in afforestation projects, and provide

incentives to do this. The government can promote reduce deforestation or promote afforestation through

coordination with NGOs that are already trying to provide such services, creation of awareness and reduction of

electricity tariffs.

Capacity Building

Poor agricultural practices can also be tackled first through sensitizing the farmers on better agricultural ways,

either directly or through mass media. Government could train already employed personnel or train local

leaders in desertification related issues. Farmers should be encouraged to organize themselves in groups and

share ideas on conservation. This will also be more effective for government and NGOs who can then approach

groups rather than individuals.

Tackling of Root Causes

Poverty as the underlying cause is already high on the government agenda. Given time, this programme will

help to improve the livelihoods of the communities and to make them not wholly dependent on agriculture.

Population control has been suggested by some respondents as a solution to population growth, however it

should be understood that this could also be achieved by empowering the women to be able to make decisions

on reproduction.

Multi-Sectoral Linkage

There should be greater coordination between related institutions especially in the planning, formulating of

policies, laws and provision of funding.

Stakeholder Participation at all Levels

Furthermore there should be sensitisation of stakeholders and involvement at all levels in the planning and

decision-making processes. Participation of interest groups particularly women, pastoralists and the private

sector should be strengthened.

Legal Framework

The older laws need to be revised to make them conducive; for example the fines need to be adjusted,

community participation needs to be incorporated to promote good stewardship of the environment.

Policies have to be made more sound, for example by providing a coordinated, national approach to sustainable

land use planning. Policies should promote the use of low cost technologies like soil and water conservation

technologies, or low wood stoves. This can help the people cope with the situation while using less funds.

13.9 Implementing Environmental Agreements

Although in the past, countries often developed their national laws in advance of international

agreements, in the area of environmental issues, we find that often international agreements

precede national laws. There are more than 900 international agreements and many

developing countries are now party to these agreements. Thus as a follow-up to the

negotiations on the International Biodiversity Convention, many countries have developed


national biodiversity laws. As a follow-up to the negotiations on climate change, many

countries have now developed climate change policies and institutions.

Table 13.2. Countries and ratification of international agreements (2005)

Covenant

on Civil

and

Political

Rights

Covenant

on

Economic,

Social and

Cultural

Rights

CITES UNFCCC Kyoto Biodiversity Biosafety CCD Stockholm

convention

Aarhus

convention*

Asia (excl.

Middle East)

22 (79%) 23 (82%) 23 (82%) 28 (100%) 25 (89%) 28 (100%) 21 (75%) 28 (100%) 25 (89%) 7

Europe 36 (100%) 36 (100%) 35 (97%) 36 (100%) 32 (89%) 36 (100%) 33 (92%) 34 (94%) 35 (97%) 32

Middle East

and N. Africa

15 (83%) 15 (83%) 15 (83%) 17 (94%) 11 (61%) 17 (94%) 9 (50%) 17 (94%) 15 (83%) 0

Sub-Saharan

Africa

41 (100%) 39 (95%) 40 (98%) 40 (98%) 28 (68%) 40 (98%) 31 (76%) 41 (100%) 37 (90%) 0

North America 2 (100%) 2 (100%) 2 (100%) 2 (100%) 2 (100%) 2 (100%) 1 (50%) 2 (100%) 2 (100%) 0

Central

America and

Caribbean

12 (92%) 11 (85%) 12 (92%) 13 (100%) 12 (92%) 13 (100%) 12 (92%) 13 (100%) 13 (100%) 0

South

America 12 (100%) 12 (100%) 12 (100%) 12 (100%) 11 (92%) 12 (100%) 9 (75%) 12 (100%) 11 (92%) 0

Oceania 2 (40%) 3 (60%) 4 (80%) 5 (100%) 5 (100%) 5 (100%) 3 (60%) 5 (100%) 5 (100%) 0

World 142 (92%) 141 (91%) 143 (92%) 153 (99%) 126 (81%) 153 (99%) 119 (77%) 152 (98%) 143 (92%) 39

*) Applies only to European countries (in a broad definition), USA, Russia and Canada

Source: based on earthtrends.wri.org2

13.10 Conclusion

The field of environmental policy has evolved rapidly over the last 40 years. While policy

making is country specific and strongly dependant on ideological background, culture, and

degree of economic development of a country, a general tendency towards integrating

actors/stakeholders into policy making, and thus, a shift from government to governance,

triggered by international environmental legislation can be observed. This chapter has

identified some of the drivers of environmental problems, and given an overview of the

different actors involved in environmental governance. Subsequently, it has looked at the

process of environmental policy-making and presented the different instruments which can

be used in the implementation of environmental policies.

2 http://earthtrends.wri.org/pdf_library/data_tables/gov3_2005.pdf


13.11 New Terms Used

Ambient standard BATNEEC Behavioural standard Best available technology

Corporate social responsibility (CSR) Design standard Direct (proximate) drivers

Economic instruments Environmental impact assessment (EIA) Indirect

(underlying) drivers Information standard Liability Most appropriate

technology Performance standard Polluter pays principle Precautionary

principle Prevention principle Public-community partnership Public-private

partnership Regulatory instruments Scientific instruments Self-management

instruments Sovereignty Strategic environmental assessment (SEA) Structured

problem Suasive instruments Subsidiarity principle Sustainable development

Technology-based standard Technology-limited standard Voluntary agreements

(VA) Wicked problem.

13.12 References and Further Information

13.12.1 References

Abaza, H., Bisset, R., Sadler, B.(2004). Environmental impact assessment and strategic environmental assessment. Towards

an integrated approach. UNEP, Geneva, Switzerland.

Alshuwaikhat, H.M. (2005). Strategic environmental assessment can help solve environmental impact assessment failures in

developing countries. Environmental Impact Assessment Review 25(4):307-17.

Alvarez, E. (2000) Revisin de los sistemas de EIA en Latinoamrica y el Caribe: aplicacin de la MIREIA en Panam.

Panam: BID-CED.

Baumol, W. J. and Oates, W.E. (1971). The Use of Standards and Prices for Protection of the Environment. Swedish

Journal of Economics 73: 42-54.

Carrol, A.B. (1998). Corporate social responsibility: evolution of a definitional construct, Business & Society 38: 268-295.

CEMAT (2008). The European Conference of Ministers Responsible for Regional/ Spatial Planning.

[Online] http://www.coe.int/t/dg4/cultureheritage/heritage/cemat/leaflet_en.pdf

Coase, R. (1960). The problem of social cost. The Journal of Law and Economics 3: 1-44.

Geist, H. J., and E. E. Lambin. 2002. Proximate causes and underlying driving forces of tropical deforestation. BioScience

52(2): 143-150.

Glasson J, Salvador N.N.B. (2000). EIA in Brazil - a procedures-practice gap. A comparative study with reference to the

European Union, and especially the UK. Environmental Impact Assessment Review 20(2):191-225.


Goldfarb, W. (1988). Water Law, Second Edition, Lewis Publishers, New Brunswick, USA.

Harris, N., Hoopers, A., and Bishop, K. (2002). Constructing the practice of 'spatial planning': a national spatial planning

framework for Wales. Environment and Planning C : Government and Policy, 20: 555-572.

Hisschemller, M. (1993). De Democratie van Problemen, De relatie tussen de inhoud van beleidsproblemen en methoden

van politieke besluitvorming, VU uitgeverij, Amsterdam, The Netherlands.

Hoppe, Rob and Henk van der Graaf (1991). Readings on policy science and management, Policy science and management,

Department of Public Administration, University of Amsterdam, Amsterdam, The Netherlands: 2-4.

ISO 26000 (2008). Guidance on social responsibility, draft version.

Kuhn, T.S. (1962). The structure of scientific revolutions, University of Chicago press, Chicago, USA.

Odongo, AA. (2006) EIA as a tool to support Sustainable Development: a case study of water related development projects

in Kenya. MSc Thesis, UNESCO-IHE, Delft, The Netherlands.

Pigou, A. C. (1920). The economics of welfare. McMillan and Co., London, UK.

Sankoh OA. (1996). Making Environmental Impact Assessment Convincible to Developing Countries. Journal of

Environmental Management 47(2): 185-89

Scheumann, W., Neubert, S. and Kipping, M. (eds.) (2008). Water Politics and Development Cooperation: Local Power

Plays and Global Governance, Springer, Dordrecht, The Netherlands.

UNEP (2002). Environmental Impact Assessment Training Resource Manual, 2nd ed. Barry Sadler and Mary McCabe,

Geneva, Switzerland. http://www.unep.ch/etu/publications/EIAman_2edition_toc.htm

Winsemius P. (1986). Gast in eigen huis - Beschouwingen over milieumanagement, Samson H.D. Tjeenk Willink, Alphen aan

de Rijn, The Netherlands.

Wood C. (2003). Environmental Impact Assessment in Developing Countries: An overview. EIA Centre, School of Planning

and Landscape, University of Manchester. Conference on New Directions in Impact Assessment for Development:

Methods and Practice: 24-25.

Zonneveld, W. (2005). Multiple visioning: new ways of constructing transitional spatial visions. Environment and Planning

C : Government and Policy 23: 41-62.

Zubair, L. (2001). Challenges for environmental impact assessment in Sri Lanka. Environmental Impact Assessment

Review 21(5): 469-78.

13.12.2 Legal materials

United Nations Department of Economic and Social Affairs (DESA). Report of the United Nations Conference on

Environment and Development. Annex I: Rio Declaration on Environment and Development. 13-14 June, 1992. Rio de

Janeiro, Brazil. United Nations; 1999.

US Senate and House of Representatives. National Environmental Policy Act of 1969. 42 USC 4321-4347. Washington

DC, United States of America; 1970.

Documents

Unit13 Lecture Notes