Why are projects rarely rejected in environmental impact assessments? Narratives of justifiability in Brazilian and Canadian review reports

Abstract

Projects that undergo environmental impact assessment (EIA) are rarely rejected. Online registries and anecdotal evidence suggest that authorities approve almost all proposed and assessed projects, though often with mitigation requirements. The objective of this study was: 1) to identify the rules or criteria that reviewers and authorities must observe when considering the acceptance or rejection of projects; and 2) to understand how rare cases of rejection decisions are justified by reviewers. Data were collected through literature and regulatory reviews, and content analysis of review reports related to five Canadian and seven Brazilian rejected projects. Reviewers from Canada and Brazil adopted similar approaches to decision-making based on qualitative reasoning. Rejection recommendations were based on reasons, such as significance of biophysical impacts, sensitivity of locations and community values. The influence of reviewers’ recommendations on final decisions remains unknown. The study highlights practical implications and calls for greater transparency and rigor in EIA decision-making.

Keywords:

• Environmental Impact Assessment (EIA)
• decision-making
• project approval
• rejection
• Brazil
• Canada

Acknowledgements

The authors are grateful to the anonymous reviewers for their valuable comments and suggestions, as well as to the Brazilian EIA Agency (IBAMA) and the Impact Assessment Agency of Canada for all the supplied information.

Notes

1 Different terminologies are adopted globally to qualify ‘rejected’ projects, even within English-speaking countries. Alternative terms found in the literature include: refused, denied, blocked, failed, unviable, unfavorable, withdrawn and cancelled.

2 In Brazil, a viability license, also known as “previous license”, is the first of three licences that developers are required to obtain before they can start operation (Fonseca, Sánchez, and Ribeiro 2017).

3 Brazilian law defines ‘environment’ very broadly, including not only biophysical, but all sorts of social and economic issues. This is reflected in EIA, which, since its early days in Brazil, must address biophysical and socio-economic impacts. It is, therefore, implicit that decision-making around project viability in Brazil must also consider socioeconomic issues.

Additional information

Funding

This work was supported by the Brazilian National Council for Scientific and Technological Development (CNPq) [grant 202875/2018-0]. This article has been funded by Conselho Nacional de Desenvolvimento Científico e Tecnológico [grant 202875/2018-0].