Judicial Relief Issues in the Environment Impact Assessment System in Taiwan — A Case Study of Taitung Miramar Resort Development
|Authors:||陳載福||Keywords:||二階段環評;民眾參與;行政處分;司法救濟;當事人適格;Two-stage environmental impact assessment;citizen participation;administrative deposition;judicial relief;qualified party||Issue Date:||Nov-2020||Abstract:||環境影響評估結果導致司法救濟，學者或司法實務者均認為導因於環評法制不夠完備；尤其在環評程序中，民眾參與不足。近十餘年環評運作現況，仍以專業為主，亦見政治力介入痕跡，常忽略在地知識與經驗，當地居民的環境法益常被開發行為所侵害，更遑論公法益的環境與生態。
It is deemed, either by scholars or judicial practices, that the incompleteness of environmental assessment regulation leads to judicial relief caused by the result of environmental impact assessment. Particularly, the insufficient participation of citizens in the environmental procedure is seen as the main reason. In the environmental assessment practice within the last decade, the focus remains the profession or political interference while the local knowledge and experiences or the damage to interests of local residents is ignored. It is observed that since the passage and implementation of the Environmental Impact Assessment Law in 1994, its relevant administrative rulings have also been announced successively. A complete legal system for environmental impact assessment is therefore formed. Nonetheless, after the lift of martial law, the social conscience accompanied by political movements thrives. The environmental protest becomes one of the citizen movements of the awakening social conscience. The issue of our environmental protection and ecological sustainability gradually adopts the international standard. However, due to the continuous domination of the politics and economic development thoughts, the ideal of “prioritizing environmental protection” is not fulfilled in line with environmental basic laws at time of the environmental impact assessment process. Particularly in the case of two-stage environmental impact assessment, most important development projects close at the first stage meanwhile only very few can enter into the second stage with citizen participation in environmental impact assessment procedure. The critics comment that the above leads to insufficient participation of citizens and foreseeable damage to citizens’ life, body ,and property, which may result in citizens’ fight against the dictatorship of governmental administrative depositions. In the last decade, the citizens, after repetitive futile protests, connecting the expounders of the environmental groups of public welfares and intellectuals seek for judicial relief. The court in consider of the world-wide factors of media exposure, global warming and extreme weather etc. accumulates more and more cases and precedents and inclines to recognize the right for citizens and environmental groups to file lawsuits for claiming their positions. Some scholars also believe that the judicial relief of environmental impact assessment is another form for the citizens to participate in the environmental assessment and echo the world-wide recognized value of environmental protection. It is uncommon to see a concluded administrative deposition of environmental impact assessment be revoked by a court judgement. We note it as a progress in judicial process. The research herein aims to survey more depletion in the construction of environmental impact assessment. The judicial relief is the last resort after the end of environmental assessment procedure and issuance of administrative deposition while a citizen still want to seek for removal of administrative damage by way of judicial judgment due to his unsatisfaction with such administrative deposition. It is a common perspective that citizens’ participation in the environmental assessment is a trend worldwide. Further, it is proved that citizens’ participation in the environmental assessment may reduce the chance of administrative litigation and become an effective tool to protect our environment and residents’ interests.
|Appears in Collections:||環境與發展碩士學位學程|
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