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Impact Assessment and Project Appraisal

ISSN: 1461-5517 (Print) 1471-5465 (Online) Journal homepage: https://www.tandfonline.com/loi/tiap20

Good practices for environmental assessment

Chris Joseph, Thomas Gunton & Murray Rutherford

To cite this article: Chris Joseph, Thomas Gunton & Murray Rutherford (2015) Good practices
for environmental assessment, Impact Assessment and Project Appraisal, 33:4, 238-254, DOI:
10.1080/14615517.2015.1063811

To link to this article: https://doi.org/10.1080/14615517.2015.1063811

Published online: 18 Sep 2015.

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Impact Assessment and Project Appraisal, 2015
Vol. 33, No. 4, 238–254, http://dx.doi.org/10.1080/14615517.2015.1063811

Good practices for environmental assessment


Chris Joseph1, Thomas Gunton* and Murray Rutherford2
School of Resource and Environmental Management, Simon Fraser University, 8888 University Drive, Burnaby, BC Canada, V5A1S6
(Received 4 September 2014; accepted 15 June 2015)

Environmental assessment (EA) has emerged in the last five decades as one of the primary management tools that
governments use to protect the environment. However, despite substantial theoretical development and practical experience,
there are concerns that EA is not meeting its objectives. This article develops a set of good practices to improve EA.
An integrated list of proposed good practices is developed based on a literature review of impact assessment research and
related fields of study. The practices are then evaluated by surveying experts and practitioners involved in EA of tar sands
(also known as oil sands) development in Canada. In all, 74 practices grouped under 22 themes are recommended to improve
EA. Key unresolved issues in EA requiring future research are identified.
Keywords: environmental assessment; impact assessment; best practices; improving environmental assessment; project
evaluation; project appraisal

1. Introduction is an important aspiration of research on EA effectiveness


Environmental assessment (EA) has emerged in the last (Sadler 1996; Cashmore et al. 2004).
five decades as one of the primary management tools for Our objective in this article is to address some of these
protecting the environment. However, despite substantial deficiencies in best practice literature by reviewing,
theoretical development and practical experience, there extending, and validating recommended EA best practices
are concerns that EA is not meeting its objectives of to produce a more comprehensive and empirically
protecting the environment and ensuring sustainability grounded basis for improving EA. We begin by outlining
(Jay et al. 2007; Noble 2009; Gibson & Hanna 2009). a methodology for developing best practices that
To address these concerns and improve EA perform- integrates recommended best practices from the EA
ance, scholars and practitioners have proposed various literature with related fields of study, and then test
best practices (e.g., Senecal et al. 1999; Wood 2003; proposed practices by surveying experts and practitioners
Gibson et al. 2005; Vanclay et al. 2015). While these involved in EA of tar sands (also known as oil sands)
efforts have considerably advanced EA knowledge and development in Canada. We then present 74 recommended
practice, there remain deficiencies in the best practices practices grouped under 22 themes that we term “good
literature that need to be addressed. First, there are key EA practices” for EA. We use the term good practices instead
design issues, such as the appropriate structure of EA of best practices to reflect the limited amount of empirical
appeal processes, that are not sufficiently canvassed in the validation of practices with respect to outcomes, and the
existing literature. Second, much of the existing literature likelihood of further refinement of the practices with
is based mainly upon author observation and inference additional research (Bardach 2004; Vesely 2011). Finally,
without a clear explanation of how the practices were we review limitations of our research and provide
derived and without sufficient evidence supporting the recommendations for future best practices research.
practices. The principles published by the International
Association of Impact Assessment (IAIA) (Senecal et al.
1999; Vanclay 2003; Andre et al. 2006; Vanclay et al. 2. Methods
2015) are notable exceptions in that there is a description Our research method was designed to help advance the
of how the practices were formulated and validated by field of EA by exploring gaps in EA process guidance,
soliciting input from EA experts, but the IAIA publications conducting additional testing and validation of good EA
do not provide a transparent summary of the input received practices, and integrating relevant guidance from related
and how it was used. Third, the best practice literature does fields.
not adequately address contextual factors that may The first step was to review existing literature on EA
influence when and how the proposed practices should best practices. Overviews of EA best practices are readily
be applied in specific settings. Fourth, best practice available in EA books and reports, IAIA best practice
recommendations are based largely on the EA literature guidelines, and articles in EA journals (e.g., Senecal et al.
and could be better informed by relevant literature in 1999; Wood 2003; ICPGSIA 2003, Lawrence 2003;
related fields. Fifth, best practice recommendations have Gibson et al. 2005; Andre et al. 2006; Noble 2010;
not been sufficiently tested to verify links between Vanclay et al. 2015). Generally, this literature identifies
processes and desired outcomes. Establishing causal best practices through a combination of literature review
connections between practices and substantive outcomes and author judgement. We prepared an initial list of

*Corresponding author. Email: gunton@sfu.ca


q 2015 IAIA
Impact Assessment and Project Appraisal 239

recommended practices from the EA literature with consultancies, and Aboriginal, environmental and citizen
attention to how each practice was developed (i.e., author groups (Figure 1). Respondents had an average of
assertion, expert panel, survey research, case study 10.3 years of experience with the tar sands EA process.
findings, and/or other methods), the degree of rigour Unfortunately, there was very limited participation from
involved, the number of sources supporting the practice, two of the offical government agencies involved in tar sands
and the level of consensus across authors and sources for EA: only one staff member of the Alberta Energy Regulator
the practice. (formerly called the Energy Resources Conservation
Next we reviewed relevant literature in related fields Board) responded, and no employees of the Canadian
including: megaproject planning, environmental policy, Environmental Assessment Agency participated. The
risk assessment, administrative law, public policy, and limited participation from these two government agencies
planning. We then integrated relevant findings from this was due to government decisions to restrict their agencies’
additional literature review into our list of recommended participation in external surveys. However, former employ-
practices, again with attention to how the best practices ees of both agencies did participate in the survey.
were developed and the level of support for each practice
across authors. Supplemental literature was located
through web searches (e.g., on appeal systems, cumulative 3. Description of good practices
effects management, evaluation methods, best practices Based on the results of our literature review and survey we
for policy and planning) and by tracing best practice ideas identify 74 good practices grouped under 22 themes
through the sources identified in bibliographies of (Table 1). This range of good practices reflects the multi-
materials already reviewed. This list of practices was faceted complexity of EA and the fact that the overall
then organized into common themes and integrated to success of EA is dependent on addressing a great many
eliminate overlap and promote coherence. factors. Deficiencies in any one dimension may undermine
The next step was to survey EA experts to test the rest of the process.
practices on the compiled list. Due the large number of A related and interesting feature of the recommended
practices it was not feasible to test them all in the survey. practices is the breadth of the potential intellectual
Therefore we did not test those practices in the survey that foundation for EA. Through our literature review it
had a high level of consensus support in the literature we became apparent that the field of EA can benefit from the
reviewed. We defined high level of consensus as meaning guidance from a great many bodies of knowledge,
that the practice is recommended in the literature and not including megaproject planning, environmental policy,
explicitly criticized or opposed by any author. Practices risk assessment, administrative law, public policy, and
that did not meet this test were examined in the survey by planning. Surprisingly, there has been little explicit cross-
asking respondents to appraise the practice or rank it fertilization between the EA literature and these other
relative to other options and to provide additional related fields.
commentary on the practice in open-ended questions. Another notable feature of our recommended practices
The final step was to use the literature and survey results to is that high-quality information – a critical element of
prepare a recommended list of good EA practices. Our sound EA – is the product of many of the practices
recommended list identifies the sources for each practice (Figure 2). Essentially, the broader body of good practices
and whether the practice was tested in our survey of must be attended to in order for decision-makers to have
experts (Table 1). the information required for good decision-making.
The survey was conducted through an online
questionnaire sent to experts across Canada with extensive
knowledge and experience with the Alberta provincial and
4. Contentious issues
Canadian federal EA processes as they apply to tar sands
development in Alberta. Tar sands development was used In this section, we present the results of our survey on
as the context for the survey questions because it is one of contentious issues in EA practice. For each practice, we
the most prominent types of development in Canada briefly explain the issue and then discuss the survey
subject to EA and it has involved provincial as well as results, including our interpretation of responses to
federal EA processes; therefore, it provides a good testing relevant open-ended questions.
ground for recommended EA practices (Joseph 2013).
Potential survey respondents were identified through an
iterative process of contacting relevant experts from 4.1 Impact assessment studies
government agencies and non-government organizations, A fundamental question in designing EA is who should be
EA researchers in Canada who had published on the topic of responsible for completing the impact assessment (IA)
tar sands EA, and people recommended by respondents studies to be used in the EA. Considerations affecting this
during previous rounds of contact. Invitations were initially decision include the need for project designers to work
sent to 189 people, but some declined to participate and together with impact assessors to optimize mitigation
some did not fully complete the questionnaire. In the end, strategies and the need to minimize bias that may be
75 experts completed the confidential questionnaire. introduced by having the project proponent prepare the IA
Respondents ranged from across the federal, Alberta (Hollick 1984; Wathern 1988; Nikiforuk 1997; Herring
provincial, and local governments as well as industry, 2009). We tested five alternative models for allocating
Table 1. Good practices in EA.a
240

Tested in Key references for good


Themes Good practices survey practices theme

Integration with broader Government manages development using a system of interdependent, hierarchical decision-making 12, 13, 16, 18, 31, 41, 44, 48, 69, 70,
planning and management including strategic policymaking, land use planning, tenuring, EA, and permitting. Broader issues are 71, 91, 92, 105, 118
system resolved prior to narrower project-specific issues
High-level policy is developed through stakeholder-inclusive strategic policymaking and land use Yes
C. Joseph et al.

planning, which itself may be developed through strategic EA, regional EA, and/or class EA. High-
level policy communicates government’s objectives, indicates where, when, and how development
may occur, sets priorities, identifies the values that will guide land and resource management, and
delineates acceptable levels of change in valued components
Tenure decision-making reflects high-level policy in terms of where and what type of development
may occur
EA examines whether specific projects are acceptable or not, based upon the direction provided in
high-level policy
Permitting follows from EA to legally implement EA recommendations and other government
regulations governing development of approved projects.
Initial review Proposal is subject to initial determination of potential acceptability, and if potentially acceptable, the 2, 16, 20, 21, 29, 32, 41, 44, 70, 106,
type of detailed review required, if any 130, 133
If the project is deemed potentially acceptable and requires detailed review, the proponent is
informed of concerns of government and stakeholders and next steps
Scoping If the proposal requires detailed review, scoping determines the nature of detailed review and focuses 2, 16, 20, 21, 22, 26, 29, 41, 43, 44,
review on key issues 48, 56, 58, 66, 69, 77, 79, 85, 96,
The scope of detailed review is formally established in terms of reference (TOR) prepared by the EA 101, 103, 106, 107, 108, 110, 112,
review body which specify the necessary content of the application and acceptable methods 116, 118, 123, 124, 125, 129, 130,
Regardless of any focusing of review through scoping, EAs cover four essential topics: (1) project 132, 133, 134, 135, 140
justification, (2) potential impacts and planned mitigation (3) alternatives to the project and
alternative ways of completing the project, and which is the best performer, and (4) likelihood of
project success
Impact assessment studies IA is done by an independent assessor (separate from the review body and the proponent) with Yes 36, 59, 65, 90, 131
proponents paying.
There are strong communication links between the impact assessor and project designers to maximize
mitigation effectiveness
Legal and procedural incentives, including the use of accredited impact assessment staff, exist to
ensure accurate, high-quality assessments without bias
Scrutiny of application Applications are checked by the review body for consistency with the TOR in terms of content and 10, 24, 31, 36, 38, 61, 65, 71, 91,
methods, and content is scrutinized for quality and bias 106, 133
Reviewers have the legal authority to require proponents to address deficiencies
Once the application is deemed acceptable, the review body announces that the final application is
complete, and publishes the final version of the application
Final decision-making Final decision-making is conducted either by an independent body or elected officials based on Yes 11, 44, 54, 123, 133
recommendations from an independent body. If an independent body makes final decisions then
mechanisms such as legislatively-based clear decision-making criteria and stakeholder engagement
are in place to provide democratic accountability; if elected officials make final decisions they must
clearly justify any decisions that deviate from the recommendations from the independent body

(Continued)
Table 1. (continued).

Tested in Key references for good


Themes Good practices survey practices theme

The decision statement clearly explains approval decisions and their rationale(s) based on explicit
reference to the decision criteria and to society’s objectives and values
Approval decisions are put on hold for a limited period of time to allow for appeals to be heard.
If appeals are found to have merit, then approvals are suspended until appeals are resolved
Approvals specify terms and conditions which: are clear and specific; describe allowable procedures
and maximum permitted impact outcomes; are supported by stakeholders, experts and empirical
evidence; are consistent with high-level policy; and are mandatory and backed by legal sanctions
Monitoring and enforcement EA is supported by compliance monitoring and enforcement, as well as effectiveness monitoring and 2, 11, 29, 32, 41, 54, 79, 91, 103,
requirements for remedial action if mitigation is found ineffective or if unanticipated impacts occur 108, 123, 132, 133, 134, 135, 136,
Monitoring is performed by an independent body that reports publicly 138, 140
Knowledge gained from monitoring and enforcement activities is recorded and transmitted to future
EAs
Process management The effectiveness of EAs are enhanced through work planning, budgeting, delineating roles and 2, 29, 32, 43, 52, 79, 107, 115,
responsibilities, establishing timelines and milestones, and monitoring and reporting progress 133, 136
EA is regularly and independently audited for effectiveness with respect to domestic and international
standards.
Findings on improving process management are publicly communicated and incorporated into future
EAs
Review staff are regularly involved in training and capacity-building.
Resources and time There is sufficient funding and staff, including leadership Yes 2, 32, 54, 73, 76, 87, 123, 138
Funding is sufficient enough to allow for EA consistent with good practices
EA staff have expertise in the process and the issues raised by the application. Staff for particular EAs
remain on the EAs until finished
The EA process is subject to legislated time limits that provide some certainty regarding the length of Yes
the process while providing sufficient flexibility and time to ensure adequate project review
Methods of impact assessment Recommended methods of IA are identified and comprehensive guidelines for applying these 9, 20, 25, 27, 36, 37, 46, 49, 50, 53,
methods are provided 54, 56, 57, 63, 64, 66, 72, 73, 74, 75,
The methods used should be: (1) suited to the review context, (2) flexible and adaptable, 81, 82, 89, 91, 94, 97, 100, 103, 107,
(3) scientifically robust, (4) minimally reliant upon subjective inputs, (5) easy to understand, evaluate, 109, 115, 117, 120, 124, 126, 129,
and put to use, (6) capable of producing useful outputs, (7) highly accepted by users and stakeholders, 133, 136, 141
(8) cost-effective, and (9) participative
Reference class forecasting and cost-benefit analysis (including multiple account cost-benefit Yes
analysis) are highly recommended
Consolidated review process managed by The EA consolidates all government reviews and decision-making on project proposals into one Yes 32, 39, 41, 54, 70, 76, 103, 118,
independent review body single review 123, 125, 130
EA is led and managed by an independent review body at arm’s length from government. Yes
The independent review body has adequate resources and authority, and mechanisms are in place to
ensure accountability to the public
Mitigation and maximizing net benefits EA is focused on maximizing net benefits across all indicators of sustainability 19, 42, 43, 44, 54, 75, 77, 91, 98,
Mitigation programs are designed to address harms earlier rather than later and are chosen based upon 114, 125, 123, 133, 134, 136, 139,
the following order of preference: avoidance, minimization, abatement, repair, or compensation 140, 141
Impact Assessment and Project Appraisal

(Continued)
241
Table 1. (continued).
242

Tested in Key references for good


Themes Good practices survey practices theme

Mitigation is legally required, and compensation to negatively-impacted stakeholders is required Yes


when impacts can’t otherwise be mitigated. Compensation is based on explicit procedures for
determining when and how much compensation is provided
EA propels development to make an overall positive contribution, instead of just ensuring that
C. Joseph et al.

negative impacts of projects are reduced to an acceptable level.


Process description The review process is fully and explicitly described in publicly-available documentation 1, 2, 16, 28, 29, 32, 39, 41, 43, 44,
Description clearly outlines purposes and objectives, roles, responsibilities, and authority of all 54, 76, 77, 105, 106, 115, 118, 123,
involved, and how stakeholders may participate 133, 134, 135
Legal foundation All key elements of the process are established in law. 1, 2, 14, 29, 30, 32, 38, 36, 39, 41,
Legal text is clear, specific, unambiguous, consistent, and distinguishes the EA process from other 43, 44, 54, 55, 70, 79, 86, 87, 123,
legal requirements and processes 133, 134, 135
Legal text uses mandatory language (e.g., “must” and “shall”) and minimizes discretion. Flexibility is
retained only where necessary to enable the process to be appropriately adapted to context
The purpose of EA is written into law and is to rationally inform decision-making and promote
sustainability and development in the public interest.
Structured decision procedures Major decision-making is structured and guided by clearly defined criteria that follow from high-level Yes 16, 38, 39, 41, 44, 54, 62, 69, 70, 77,
policy 79, 108, 123, 125, 127, 133, 134
There is a legal obligation to comply with the decision-making criteria.
Communication Communication is clear, consistent, timely, precise, regular, and ongoing 16, 32, 37, 39, 54, 58, 107, 108, 113,
Communication supports the participation of all parties in the process; confidentiality provisions do 119, 133, 134
not inhibit participation
Documentation is publicly available, free and easy to access, and is tailored to the audience.
Communication is run through a ‘single window portal’
Stakeholder participation Stakeholders are provided with the genuine capacity to influence outcomes Yes 1, 5, 7, 15, 16, 17, 21, 22, 26, 28, 29,
All stakeholder groups are given the opportunity to be involved, and involvement is extended to all 32, 34, 35, 38, 39, 40, 41, 43, 44, 45,
steps in the process 51, 54, 60, 66, 67, 75, 76, 77, 80, 83,
There are ample opportunities for learning 87, 91, 93, 96, 99, 102, 107, 108,
Power imbalances, including resource imbalances, among stakeholders are mitigated by provision of 112, 116, 123, 125, 129, 130, 132,
sufficient resources to allow stakeholders to effectively participate 133, 134, 135, 136, 137, 138, 139,
Means of involvement, such as consensus-based stakeholder negotiation tables, are used to promote 141, 142
conflict resolution
Decision statements of the review body clearly record the views and evidence of all stakeholder
participants as well as the review body’s interpretation of stakeholder views and relevant evidence
Expert involvement Peer-reviewed evidence is given more weight, and all research done for EA is opened to public 16, 23, 33, 36, 37, 38, 56, 66, 75, 78,
scrutiny 68, 84, 86, 93, 111
Expert processes are formal, structured, and transparent. Experts are independent and qualified by the
EA review body for their expertise. A range of opinions are gathered. Process probes assumptions and
reasoning, examines areas of agreement and disagreement, and highlights strengths and weaknesses
in understanding. Results are documented and publicly reported

(Continued)
Table 1. (continued).

Tested in Key references for good


Themes Good practices survey practices theme

Precautionary process Process is based on the precautionary principle to address uncertainty and risk Yes 3, 22, 38, 39, 43, 44, 47, 66, 91, 104,
Additionally, the process involves: (a) risk assessment, (b) assignment of liability, (c) demonstration 117, 119, 123, 125, 128, 130,
that uncertainties are likely to be benign, (d) active adaptive management, (e) caution with new 134, 140
technology, and (f) transparent risk communication.
Appeal mechanisms The appeal system is enshrined in the EA legislation 4, 6, 39, 41, 54, 77, 78, 79, 88, 121,
Appeals are allowed on major decisions for matters of both procedure and substance Yes 123, 133, 134
Standing is extended at least to proponents and others with direct material interests Yes
Instead of relying on the courts or the EA review body, consideration should be given to creating a Yes
special appellate body with expertise in EA to ensure that the appeal is heard by adjudicators with
sufficient expertise to assess issues of substance as well as issues of procedure
Requests for appeals must be approved by the appellate body as justified for appeal before an appeal
is formally heard and adjudicated. Written reasons for acceptance or rejection of an appeal are
provided
The appellate body should have the authority to send its decision on the appeal with Yes
recommendations back to the EA review body for reconsideration or to substitute its own decision in
place of that of the EA review body where the appellate body deems appropriate
Obligations to indigenous peoples met The EA process adheres to and promotes the principles in the UN Declaration on the Rights of 39, 54, 76, 95, 122, 123, 134,
Indigenous Peoples as well as all obligations to indigenous peoples established in the 136, 141
jurisdiction’s laws
The process and requirements for meeting obligations to indigenous peoples should be provided in
government policy.
Minimal public investment in projects Government focuses on its role as public safeguard Yes 8, 16, 38, 36, 37, 50
Projects are privately funded; government abstains from funding, subsidizing, or otherwise directly or
indirectly investing in development unless public investment is deemed absolutely necessary for
public interest reasons based on explicit and highly restrictive cost-benefit approval criteria
If public investment is approved, it is limited so that private partners provide the majority of the
capital
a
Practices in italics are identified as high priority for further research due to lack of agreement among respondents. References: (1) Ahammed and Harvey (2004), (2) Ahmad and Wood (2002), (3) Allen (2004), (4) Altshuler
and Luberoff (2003), (5) Andre et al. (2006), (6) Archer et al. (1999), (7) Arnstein (1969), (8) Ascher (1993), (9) Barget and Gouguet (2010), 10: Baxter et al. (2001), (11) BC Auditor General (2011), (12) Benevides et al.
(2008), (13) Blair and Carr (1981), (14) Boyd (2003), (15) Bradshaw (2003), (16) Bruzelius et al. (2002), (17) CAPP (2006), (18) CCME (2009), (19) CEARC (1998), (20) Chicken (1994), (21) Cocklin and Kelly (1992), (22)
Collingridge (1992), (23) Cooke (1991), (24) Creasey and Ross (2009), (25) Davis (1990), (26) de Bruijn and Leijten (2008), (27) Diez (2001), (28) Donnelly et al. (1998), (29) Doyle and Sadler (1996), (30) Droitsch et al.
(2008), (31) Duinker and Greig (2006), (32) EMMRPIWG (2008), (33) Failing et al. (2007), (34) Fiorino (1989), (35) Fiorino (1990), (36) Flyvbjerg (2007), (37) Flyvbjerg (2008), (38) Flyvbjerg et al. (2003), (39) Forbes et al.
(2012), (40) Frame et al. (2004), (41) Gibson (1993), (42) Gibson (2006), (43) Gibson and Walker (2001), (44) Gibson et al. (2005), (45) Gray (1989), (46): Green (1997), (47) Gregory et al. (2006), (48) Greig (2008), (49)
Gunton (1992), (50) Gunton (2003a), (51) Gunton (2003), (52) Gunton and Joseph (2007), (53) Gunton and Vertinsky (1990), (54) Gunton et al. (2004), (55) Gunton et al. (2005), (56) Hall (1980), (57) Hanley and Spash (1993),
(58) Haveman (1976), (59) Herring (2009), (60) Hessing et al. (2005), (61) Hicks (2011), (62) Hierlmeier (2008), (63) Hochschorner and Finnveden (2003), (64) Hollick (1981), (65) Hollick (1984), (66) ICPGSIA (2003), (67)
Irvin and Stansbury (2004), (68) Keeney (1992), (69) Kennett (1999), (70) Kennett (2006), (71) Kennett (2007), (72) Kinnaman (2011), (73) Knight (1990), (74) Kok et al. (2006), (75) Laird (1993), (76) Land-Murphy (2004),
(77) Lawrence (2003), (78) Leu et al. (1996a), (79) Leu et al. (1996b), (80) Linkov et al. (2006), (81) Lovallo and Kahneman (2003), (82) McAllister (1982), (83) McDaniels et al. (1999), (84) Morgan and Henrion (1990), (85)
Morris and Hough (1987), (86) Morrison-Saunders and Bailey (2003), (87) Morrison-Saunders et al. (2003), (88) Muldoon et al. (2009), (89) Nash et al. (1975), (90) Nikiforuk (1997), (91) Noble (2010), (92) OAGC (2009),
(93) Otway and Winterfeldt (1992), (94) Park et al. (2006), (95) Passelac-Ross and Potes (2007), (96) Priemus (2008), (97) Priemus et al. (2008), (98) Rajvanshi (2008), (99) Rickson et al. (1990), (100) Rosenhead (2005), (101)
Ross (2002), (102) Rowe and Frewer (2005), (103) Sadar (1996), (104) Sadler (1990) in Sadler (1990), (105) Sadler (1990), (106) Sadler (1996), (107) Samset (2003), (108) Senecal et al. (1999), (109) Shiftan and Shefer
(2009), (110) Siemiatycki (2010), (111) Sinnette (2004), (112) Slotterback (2008), (113) Sorel (2004), (114) Sosa and Keenan (2001), (115) Soumelis (1977), (116) Storey and Hamilton (2003), (117) Stough and Haynes
(1997), 118: Stratos (2008), (119) Tennøy et al. (2006), (120) Tiruta-Barna et al. (2007), (121) Tollefson (2003), (122) UN (2007), (123) Van Hinte et al. (2007), (124) Van Wee and Tavasszy (2008), (125) Vanclay (2003),
Impact Assessment and Project Appraisal

(126) Vickerman (2007), (127) Vlavianos (2007), (128) Walters (1986), (129) Warner and Preston (1974), (130) Warrack (1993), (131) Wathern (1988), (132) WCD (2000), (133) Wood (2003), (134) Wozniak (2007), (135)
Zeremariam and Quinn (2007), (136) Vanclay et al. (2015), (137) Spaling et al. (2011), (138) Marshall et al. (2005), (139) Bond et al. (2012), (140) Égré and Senécal (2003), (141) Esteves et al. (2012), (142) Morgan (2012).
243
244 C. Joseph et al.

preparing the EA to minimize potential bias and did not


express concern about potential consequences of separ-
ating impact assessors from project designers (such as
impeding integration of project design with mitigation,
and impeding financial accountability by separating
funding of studies by the proponent from the independent
assessor undertaking the studies). Designing an indepen-
dent assessment system that addresses these issues
requires additional research.

4.2 Review body


Key issues associated with the design of the entity
responsible for overseeing and managing EA include the
degree of independence from government, efficiency of
the process, level of expertise involved, authority and
resources available, accountability to the public, and
‘siloing’ (or fragmentation) of information and decision-
Figure 1. Respondents as characterised by themselves.
making processes across government (Warrack 1993;
Sadar 1996; Vanclay 2003; Wood 2003; Kennett 2006;
Van Hinte et al. 2007). We identified three models for
responsibility for managing and paying for IA (Table 2). managing the EA process from the literature (Table 3).
Respondents strongly favoured using an independent Respondents ranked the independent review model the
assessor, with 39% preferring that the proponent pay for highest, citing its independence as the key benefit. The
the independent assessor and 14% favouring the govern- main problem with the temporary review body model
ment paying, for a total of 53%. In contrast, 30% supported according to respondents’ open-ended answers is lack of
the current approach of relying on the project proponent. continuity in staff, and the main problem with the
Respondents supporting independent assessment government department model is potential bias. Respon-
expressed concern about ensuring independence in dents did not express any concerns regarding potential

Figure 2. High-quality information as a function of good practice.


Impact Assessment and Project Appraisal 245

Table 2. Rankings of different models for who conducts and pays for impact assessment studies.

Impact assessment body and payee Mean rankinga SD Respondents who ranked first (%)

IA done by independent body with proponent paying 2 1.15 39%


IA done by independent body with government paying 2.8 1.21 14%
IA done by proponent’s consultants with proponent 3.1 1.74 30%
paying (self-assessment model)
IA done by government with proponent paying 3.3 1.1 7%
IA done by government with government paying 3.7 1.37 10%
a
Respondents ranked the five options from most preferred (1) to least preferred (5).

siloing (i.e., a disconnect between the review body and the an independent body or a stakeholder table. Although
concerns and knowledge across arms of government) with many respondents favoured independence, some
the independent review body option. respondents expressed concern that independent bodies
are not directly accountable to the general public. To some
degree, this concern for democratic accountability
4.3 Final decision-maker can be addressed by other design options regarding
Another important issue in EA is who should make the decision criteria and stakeholder engagement discussed
final decision. Key considerations include ensuring that the below. However, given the concern for democratic
EA process is democratically accountable while ensuring accountability in the literature and among survey
that decision-makers have sufficient expertise and are respondents, more research on the role of elected officials
unbiased. In Canada, final decision-making responsibility versus independent review bodies and ways of making
for major projects is typically assigned to elected officials independent decision-makers more democratically
based on recommendations received from review panels accountable is warranted.
appointed by government. This model is intended to
maintain democratic accountability while utilizing the
advice of individual experts that have at least some degree 4.4 Time
of independence (Gunton et al. 2004; Van Hinte et al. A common issue in EA is whether to impose time limits
2007). We evaluated four alternative models for final for completing the EA process. The argument in favour of
decision-making in our survey, including the current a time limit is that it provides increased certainty for
Canadian model of elected officials making final decisions project investors and may improve the overall efficiency
based on recommendations from independent review of the process, while the argument against a time limit is
bodies (Table 4). While the largest group of respondents that it may not allow sufficient opportunity for a fulsome
preferred the independent final decision-maker model review (Van Hinte et al. 2007). Seventy-six percent of
(47%), almost one-third of respondents (28%) preferred a respondents thought that a legal constraint on time was
consensus-based stakeholder table and 26% preferred either “very important” (20%), “important” (28%), or
elected officials guided by recommendations from either “somewhat important” (28%); only 20% thought that a

Table 3. Survey results ranking different review body models.

Review body Mean rankinga SD Respondents who ranked firstb (%)

Independent review body 1.3 0.58 79%


Temporary review body drawn from government 2.3 0.66 10%
Government department with association to project 2.5 0.7 10%
a
Respondents ranked the three options from most preferred (1) to least preferred (3). bColumn doesn’t add to 100% due to rounding.

Table 4. Survey results ranking of different models of who conducts final decision-making.

Final decision-maker Mean rankinga SD Respondents who ranked firstb (%)

Independent body appointed by government 1.8 0.93 47%


Elected officials from governing party based on 2.5 1.09 20%
recommendations of independent body
Stakeholder table coming to consensus or near-consensus 2.6 1.3 28%
Elected officials from governing party based on 3 0.81 6%
recommendations of a stakeholder table
a
Respondents ranked the four options from most preferred (1) to least preferred (4). bColumn doesn’t add to 100% due to rounding.
246 C. Joseph et al.

constraint on time was ‘not important’. Many respondents rights issues cannot be addressed through CBA. To help
did indicate that efficiency must be balanced with ensuring address these concerns, it may be prudent to use a variant
that sufficient time is available for a high-quality review. of CBA such as multiple accounts analysis, which better
Respondents commented that sufficient time must be addresses impacts that cannot be easily monetized and
given to all parties involved, and that a process that limits identifies the distribution of costs and benefits by
the time for government and stakeholders to scrutinize stakeholder group (Shaffer 2010). We acknowledge,
applications is unfair given that proponents are typically however, that while multiple accounts analysis may be
far less restricted in how long they have to assemble useful in identifying the impact of projects on Aboriginal
their applications. One respondent wrote that, ‘it is more interests, additional measures will be required to address
important that the review be done correctly rather than Aboriginal rights in the EA process.
steward to some legal time commitment.’ Therefore, while
there is strong support for the concept of legal limits on the
length of the EA process, the time limits need to be 4.6 Mitigation and compensation
carefully designed to ensure fairness and sufficient length Mitigation has been used for many years as a tool to
and flexibility in their application to allow for adequate promote sustainability in project development. According
project review. to several authors, mitigation of adverse project impacts
should be mandatory, and if mitigation measures will not
work, developers should be required to compensate all
4.5 Methods of impact assessment groups left worse off by a project to ensure that
Choosing appropriate methods for analysis is critical to the externalized costs are included in the project assessment
success of IA. Two methods that receive special attention (Gunton et al. 2004; Van Hinte et al. 2007; Wozniak
in the megaproject literature are reference class forecast- 2007). However, Rajvanshi (2008) cautions that compen-
ing (RCF), and cost-benefit analysis (CBA). RCF works by sation should be a last resort to address project harms
comparing forecasts of the impacts of the project under because the compensation may not be a sufficient
review to the realized impacts of a class of similar projects substitute for the original asset.
(Lovallo & Kahneman 2003). Flyvbjerg (2007, p. 28) Respondents to our survey strongly supported a
explains that RCF ‘does not try to forecast the specific requirement to mitigate and compensate for negative
uncertain events that will affect the particular project, but impacts (Table 5). However, several respondents felt that
instead places the project in a statistical distribution of there should be limits on what harms must be mitigated
outcomes from this class of reference projects’. CBA is and when compensation should occur. Respondents thus
based on welfare economics and identifies and compares raised a key issue in mitigation: what minimum thresholds
a project’s positive and negative impacts to arrive at a must be passed for a negative impact to be harmful enough
discounted net present value. CBA is highly supported in to require mitigation or compensation? Respondents
the field of project evaluation as the principal method for offered numerous ideas, such as the need to compensate
examining the value of projects to society (e.g., Davis for economic harms, but only if they are not temporary,
1990) but is also the subject of much criticism (e.g., and that mitigation should be restricted to impacts
Atkinson & Mourato 2008). Currently, neither method occurring within a certain geographical boundary, such
(RCF or CBA) is used in tar sands EA. as the jurisdiction in which development occurs. There-
Fifty-seven percent of respondents felt that the fore, while there is strong support for the principle of
methods currently used to assess tar sands projects in compensation, additional research is required on defining
Canada are inappropriate, and respondents were highly appropriate terms and conditions for providing
supportive of both RCF and CBA in EA. A total of 84% of compensation.
respondents agreed that RCF is very important (27%),
important (32%), or somewhat important (25%) in EAs,
and 91% agreed that CBA is very important (43%), 4.7 Decision criteria and discretion
important (29%), or somewhat important (19%). However, Another matter of debate is whether decision-makers
respondents’ comments indicated that support for CBA is should be constrained by detailed decision criteria or
qualified. Many respondents were concerned that the should have broad discretion. Some analysts (Gibson
monetary value of economic benefits is easily measured 1993; Van Hinte et al. 2007) argue that discretion should
while social and environmental impacts are much harder to be constrained by explicit criteria to reduce the role of
monetize. Several respondents also noted that Aboriginal subjective bias of decision-makers and to ensure decisions

Table 5. Level of importance of mitigation and compensation.

Planning tool Very important (%) Important (%) Somewhat important (%) Not important (%)

Legal requirement for proponents to mitigate 81 14 3 2


negative effects of projects
Stakeholder groups are compensated for negative 52 25 18 3
impacts that they incur
Impact Assessment and Project Appraisal 247

are consistent and transparent. Explicit decision criteria Table 6. Survey results ranking different models of stakeholder
can also increase democratic accountability by requiring involvement.
independent experts to follow guidelines developed by
% of
elected officials. Other analysts (e.g., Wood 1995) note respondents
that discretion is required to address the diversity of Stakeholder involvement Mean who ranked
circumstances encountered in EA. model rankinga SD first
Respondents to our survey strongly favoured con-
Quasi-judicial process in 1.7 0.87 43%
straining discretion. Seventy-two percent and 61% of which stakeholders can
respondents felt that the discretion of elected and non- formally assess, submit
elected decision-makers, respectively, should be heavily evidence, and cross-examine
constrained by explicit and legally binding decision- witnesses
making rules. However, some respondents cautioned that Gather stakeholder input prior 2.3 0.74 13%
to decision-making
some discretion is necessary. As one respondent Shared decision-making in which 2.4 1.29 36%
commented, ‘highly constrained decision making is not government, proponents, and
decision making – it makes the decisions ahead of time in other stakeholders negotiate
setting the constraints. That can be appropriate for routine a decision on applications
(small) projects that are low risk . . . [but] major projects Notification and provision of 3.3 0.97 8%
information to stakeholders
require specific considerations and decisions.’
a
Respondents ranked the four options from most preferred (1) to least
preferred (4).
4.8 Stakeholder participation
Another basic principle in EA is that stakeholders should
participate in and have the capacity to influence the outcome commencement of a quasi-judicial process, thus achieving
of the process (Senecal et al. 1999). There are many models the potential benefits of both approaches. Given the lack of
of stakeholder participation (Beierle & Cayford 2002); these clear preference in the survey results, more research on
models can be grouped into three categories: information the merits of collaborative models versus quasi-judicial
sharing, consultation, and collaboration (Gunton et al. models is warranted.
2010). Information sharing informs stakeholders without
seeking their input; consultation seeks input from
stakeholders through an interactive process without formal 4.9 Precautionary practices
obligation to incorporate this input into the final decision; Effective EA processes need to adopt various strategies to
and collaboration engages stakeholders in an interactive manage the risks inherent in the development of large
process that ensures incorporation of stakeholders’ views projects. At a minimum the process should identify
into the decision by seeking stakeholder endorsement of sources of uncertainty, describe and analyse risk, develop
decisions through negotiation. We tested versions of all and implement strategies to reduce risk, monitor the
three models in the survey (Table 6). effectiveness of mitigation, and ensure that proponents
The quasi-judicial model, a variant of the consultation adjust procedures and activities if monitoring results are
model in which stakeholders may submit evidence and poor (Collingridge 1992; ICPGSIA 2003; Gibson et al.
cross-examine witnesses, received the highest ranking 2005). However, additional precautionary strategies might
from respondents. This is the model typically used in also be taken.
Canada for EA of large projects. The collaborative model One recommended strategy is to apply a form of the
was the first choice of almost as many respondents as the precautionary principle (Vanclay 2003). Another strategy
quasi-judicial model (36% vs 43%) but received an is to incorporate active adaptive management into the
average ranking slightly below that of the gathering process whereby uncertainties are actively probed (Gibson
stakeholder input model. The lower average ranking for et al. 2005; Van Hinte et al. 2007). A third strategy is to
the collaborative model relative to the quasi-judicial employ a trial-and-error approach to test new technologies
model by respondents is inconsistent with the trend in on small-scale pilot projects to prove their effectiveness
recent literature that favours collaborative models and prior to general application (Collingridge 1992). A fourth
concepts such as free, prior and informed consent on the strategy is to assign liability at the time of approval for
grounds that collaboration ensures a higher degree of unforeseen consequences. Respondents strongly supported
stakeholder engagement and is more likely to generate all of these strategies (Table 7).
decisions that meet the interests of all parties (Busenberg
1999; Susskind et al. 2003; Frame et al. 2004; Innis &
Booher 2010; Morgan 2012; Vanclay et al. 2015). Also, 4.10 Appeal mechanisms
the survey results may reflect higher familiarity of It is well accepted in the literature that stakeholders should
respondents with the quasi-judicial model or concerns have the right to appeal EA decisions (Gibson 1993;
about timeliness and efficiency. Finally, note that the Altshuler & Luberoff 2003; Wood 2003; Vanclay et al.
survey posed collaborative and quasi-judicial models as 2015). However, many of the details of the appeal process
either/or options when they could be used in conjunction remain unresolved. One issue is whether appeals should be
with each other by requiring collaboration prior to the limited to dealing with procedural issues (i.e., were all
248 C. Joseph et al.

Table 7. Respondents’ views of the importance of several precautionary practices.

Very Somewhat Not


Precautionary practice important (%) Important (%) important (%) important (%)

Proponent is required to demonstrate beyond a reasonable 44 24 12 17


doubt that uncertainties are benign and that despite imperfect
knowledge there will be no serious consequences
Active adaptive management involving experimentation and 54 32 10 3
incorporating learning into future management decisions
Extra caution when new technology is proposed by allowing 39 28 23 8
only smaller projects at first until technology is proven and
requiring redundancy in systems so that proven technology
exists to back up new technologies
Specification, at time of approval, of who is liable for 77 14 5 3
unforeseen consequences, required mitigation measures, and
timelines for mitigation

procedural requirements carefully followed?) or should defining the powers of the appellate body requires further
consider matters of substance as well (i.e., was the logic, investigation.
reasoning, and interpretation of evidence correct?).
According to 61% of respondents, stakeholders should
be able to appeal EA decisions on matters of both 4.11 Public investment in projects
procedure and substance, though several respondents Governments sometimes invest in projects when private
noted that there still must be a test to ensure that appeals markets undersupply or are unable to provide necessary
are not groundless. Only 3% of respondents opposed infrastructure or other public goods (Bruzelius et al. 2002;
having an appeal process. Flyvbjerg et al. 2003). Governments may also have a
A second issue is defining who should have standing to direct pecuniary interest in promoting project develop-
initiate an appeal. Forty-seven percent of respondents ment, particularly when the project generates royalties and
thought that the right to appeal should be restricted to taxes (Gunton 2003b). Although government investment
parties with a direct pecuniary and/or property interest in development may not have any direct impact on the
impacted by the project but excluding the proponent, 34% structure of the EA review process, such investment can be
thought the right should be extended to the project an important factor affecting EA, as it may bias EA
proponent, and 19% thought that any interested party decision-making or lead to the promotion of uneconomic
should have the right to appeal. projects. Consequently, the megaproject literature strongly
A third issue is who should hear appeals. Key recommends that governments minimize financial invol-
considerations are ensuring that the appeal is heard by a vement in projects and focus on their regulatory role of
party that has sufficient expertise in the substance of the public safeguard (Bruzelius et al. 2002; Gunton 2003a;
matters and is impartial (Gibson 1993; Lawrence 2003; Van Flyvbjerg 2008).
Hinte et al. 2007). Common options for who hears appeals When asked if they support government financial
include: the EA review body that issued the decision, the involvement in large-scale project development, 61% of
courts, or a specialized appeal body with expertise in EA. respondents said that ‘it depends’, 22% said no, and 14%
Two-thirds of respondents felt that appeals should not be said yes. The dominant rationale among supporters of
heard by the original decision-maker. Comments pointed to government financial involvement was the perception that
concerns regarding potential bias in self-review. We did not financial support may sometimes be required: 46% of
ask respondents to rate the courts versus specialized EA those who supported government involvement felt that
appeal options due to the lack of experience in Canada with private developers have too little incentive to provide
the latter. However, we note that while judges may have public goods, and 31% of the same sub-group felt that
expertise on questions of legal procedure, they lack private developers are unwilling or unable to shoulder the
expertise on substantive scientific issues in EA and in full costs of development. Many respondents pointed out
Canada at least have been reluctant to consider matters of the need for impartial decision-making if government
substance in appeals (Tollefson 2003). Consequently, a becomes financially involved – 85% of those who said
specialized appeal body with expertise in EA may be government shouldn’t get financially involved felt that
superior to relying exclusively on the courts to hear appeals. public investment would bias EA decisions and 55% of
Regardless of what option is chosen, respondents were this same sub-group felt that government involvement
divided on what powers the appellate body should have. would subsidize uneconomic development.
Just over half (51%) felt that the appellate body should
send the decision back for reconsideration, 43% felt that
the appellate body should have authority to choose 4.12 Tenure decision-making and project review
whether to replace the decision or send it back for A common issue in EA of resource development projects
reconsideration, and 6% felt that the appellate body is whether tenure decisions allocating access, entitlement,
should have the authority to replace the decision. Clearly, and consent to use public land and natural resources should
Impact Assessment and Project Appraisal 249

take place within the EA process or be dealt with as a (‘process management’ and ‘resources and time’), and
separate process in advance of EA. The argument in several practices listed under other themes also foster more
support of making tenure decisions in advance of EA is efficient assessments. Substantive and normative effec-
that project applicants need certainty of tenure in order to tiveness are concerned with whether EAs achieve their
justify the cost of preparing an EA application and specified objectives and broader societal goals (Chanchit-
participating in an EA process. The counter arguments are pricha & Bond 2013). Judgments about such matters will
that separation of tenure decision-making from the EA vary with the perspectives of evaluators, including their
review will result in tenure decisions being made without views about the proper goals and objectives for EA and its
full consideration of environmental consequences of role in decision-making (Morgan 2012). We relied on the
development, and that the granting of tenure may extensive accumulated experience and wisdom of our
introduce an expectation of development that could bias survey respondents, along with that of previous authors of
the EA process (Kennett et al. 2006; Droitsch et al. 2008). EA best practices, to identify practices that EA experts
Fifty-six percent of respondents supported integration of associated with effectiveness. We also note that our
tenure and permitting decisions with EA as a single recommended best practices target the factors that
process, 29% thought that tenure, EA decisions, and Chanchitpricha and Bond (2013) identify as influencing
permitting should occur in multiple decision-making steps, substantive effectiveness, including the regulatory frame-
and 14% were unsure. Several respondents commented work, the decision-making context, stakeholder and public
that granting tenure prior to EA introduces a bias in favour participation, and the quality of the impact assessment
of approval into EA decision-making. However, respon- report. Moreover, our best practices align well with the
dents did not indicate how to ensure that project ‘effectiveness criteria’ developed by Hanna and Noble
proponents would have sufficient incentive to initiate an (2015) from their Delphi survey of EA experts.
EA application without having secure tenure rights. In addition to the need for further research linking
Therefore integration of allocation of tenure rights with the practices with EA outcomes, there are several other
EA process is an area requiring further investigation. limitations of our research that should be addressed in
future work. First, our survey results are based on the
responses of experts involved in tar sands EA, and these
5. Discussion responses may not be valid for all other contexts (Joseph
Our list of 74 good practices (Table 1) synthesizes what 2013). This limitation is offset to some degree because we
was learned in the literature review and survey into a drew our initial practices from the literature on EA, project
cohesive body of good practices for effective EA. Our review, and planning in a variety of contexts, and we
research addressed some of the deficiencies in the existing formulated our recommended list of good practices in a
literature on EA best practices by incorporating findings manner that provides flexibility to adapt to local
from other relevant fields of research and transparently circumstances. Our list of good practices might be thought
validating the more contentious issues with a survey of of as principles that should be adapted and refined to
experts. The results reveal a broad array of factors that a specific contexts (Fischer & Gazzola 2006; Runhaar &
good EA process needs to address if it is to fulfil the Driessen 2007). However, given the contextual framing of
objective of propelling sustainability. We acknowledge, our expert survey, the practices may be best suited to the
though, that the complexity and breadth of the good assessment of large projects in jurisdictions with well-
practices poses a formidable challenge to those designing functioning institutions. Future researchers should con-
and revising EA law, policy, and practice. tinue to advance EA theory by exploring the relationships
Further study of the causal connections between EA between good practices and different review contexts.
practices and outcomes is needed, and there are good A second limitation is that while our survey did gather
reasons to expect that instituting these practices will data on respondent affiliations (e.g., industry, government,
contribute to more effective assessments. Sadler’s (1996) Aboriginal group) our method did not allow us to
seminal international study of EA effectiveness identifies distinguish patterns in the data that might indicate biases
three main types of effectiveness for EA – procedural, or preferences for certain practices by worldview or
transactive, and substantive – and some subsequent position within the EA process. Our survey allowed people
researchers recognize normative effectiveness as an to define their own labels to describe their affiliation(s),
additional dimension (Chanchitpricha & Bond 2013). and numerous respondents had multiple affiliations. This
Procedural effectiveness involves conforming with ‘estab- meant that we were not able to determine patterns in
lished provisions and principles’ (Sadler 1996, 39). There response data by respondent affiliation with confidence.
is a clear link between good practices and this form of Finally, while we have attempted to develop a
effectiveness. A comprehensive and detailed set of good comprehensive list of good practices for EA, a number
practices establishes procedural standards for practitioners of issues remain unresolved. These priority issues for
and other participants to follow as they undertake future research include:
assessments, and provides criteria for evaluators to use
in judging the quality of EA. Transactive effectiveness . integrating project design prepared by project
emphasizes efficient use of time, money and other proponents with the impact assessment studies
resources (Sadler 1996). Two of the themes in our best prepared by independent assessors;
practices directly address transactive effectiveness . achieving the appropriate balance between inde-
250 C. Joseph et al.

pendent decision-making authority by review panels Notes


and democratic accountability by elected officials; 1. Email: cjoseph@sfu.ca
. evaluating the role of innovative conflict resolution 2. Email: mbr@sfu.ca
models such as collaborative, consensus-based
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