The role of the lawyer in the environmental assessment process
- Davis and Co., Vancouver, British Columbia (Canada)
Lawyers can play useful roles in almost any environmental assessment (EA) process. The degree of involvement of lawyers will depend on the applicable legislative framework of the jurisdiction or jurisdictions in question, the procedures established by the review panel or board, the degree to which there are adversarial interests represented, and the scope and complexity of the issues reviewed. Although the use of lawyers in EA processes can run into high costs, in many cases legal advice can prevent pitfalls which are even more costly in the long run or which defeat the proponent`s or participant`s cause altogether. Even where the EA process is not highly legalistic, i.e. not strictly modeled on judicial proceedings, lawyers tend to have focus and organizational skills which are valuable in pre-hearing stages as well as in the preparation of the environmental impact statement and the conduct of the hearings. Lawyers are practiced in making statements clear, brief, and relevant to the issues at hand, which is of value in keeping presenters and expert witnesses on track and understandable to a lay audience. Lawyers can assist in ensuring the orderly and expedient conduct of hearings while preserving the administrative fairness of the process to avoid challenges on principles of natural justice. It is important for government agencies, review panels or boards, proponents, and other participants, to obtain legal advice on the applicability and the requirements of EA legislation according to statutory and judicial interpretation. Since EA is usually subject to full public scrutiny, it is likely that citizen suits will be instituted if there are problems in the application of legislation to a project or in complying with the requirements of the applicable review process. There are examples of both of these types of court challenges.
- OSTI ID:
- 212029
- Report Number(s):
- CONF-9511137--; ISBN 1-880611-03-1
- Country of Publication:
- United States
- Language:
- English
Similar Records
Fragmentary provisions for uncertainty disclosure and consideration in EA legislation, regulations and guidelines and the need for improvement
[National Energy Board]: Annual report 1998