International Trends in Environmental Impact Assessments

Environmental impact assessment (EIA) today is increasingly a routine decisionmaking technique worldwide. Since Congress con-ceived EIA in section 102(2)(C) of the National Environmental Pol-icy Act (NEPA) of 1969,42 U.S.C. § 4332(2)(C), more than seventy-five jurisdictions have required EIA by law. For example, when the European Community (EC) issued a directive in 1985 requiring that its members adopt EIA procedures, the Dutch and French already had had considerable experience with EIA. Indeed, except for the other EC member states, each legislature that has followed the lead of Congress in enacting EIA has done so unilaterally. No duty im-posed under a framework treaty or the exhortation of a United Nations resolution has produced this result. Rather, the world has embraced EIA on its own merits. EIA is a proven technique used to ensure that governmental actions avoid or minimize unanticipated adverse effects. It provide