Judicial Review of Environmental Impact Assessment: Level of Scrutiny and Criteria of Judgment

• Main Authors: Hsiao, Yu-Chun, 蕭宇君
• Other Authors: Chen, Chung-Lin
• Format: Others
• Language: zh-TW
• Published: 2012
• Online Access: http://ndltd.ncl.edu.tw/handle/17777502443793314910

碩士 === 國立清華大學 === 科技法律研究所 === 100 === The judicial review issues, level of scrutiny and criteria of judgment, of environmental impact assessment (EIA) are discussed in this thesis. Chapter 2 introduces the controversy of the EIA system and execution in Taiwan. Chapter 3 discusses the conventional theory of discretion and indefinite concepts of law, which are the main theories of judicial review of EIAs, and concluded that the level of scrutiny and the criteria of judgment used by courts in EIA cases in Taiwan were not consistent. In Chapter 4, the core idea is proposed that the decision of the level of scrutiny should consider every property involved, and the level of scrutiny should be strict in EIA judicial reviews due to the following factors involved: political malfunction, fulfillment of due process, intervention possibility of rights, and the long-term interests. On the other hand, referred to the American practice, some basic elements in criteria of judgment are suggested to be reviewed in EIA events: direct effect, indirect effect, cumulative effect, alternative, and mitigation measures. Also, courts should enforce the administrative agency to explain their review reason and should review the EIA decision strictly, especially on the conclusion of conditional approval.