This paper addresses the issues related to recognizing the mandatory value that indirect effects of high greenhouse gas emission extractive projects assume within administrative environmental impact as- sessment procedures (EIA). Specifically, it analyzes the so-called downstream effects, namely those aris- ing from the final use of products, often beyond the control of the enterprise authorized to carry out the extractive activity. Considering the obligations arising from european Union law on EIA, the analysis focuses on the most recent developments that this perspective is assuming within european and inter- national jurisprudence, compared to the resistance observed at the national level, where such obliga- tions do not appear to have been transposed by the legislator. The issue raises broad reflections regard- ing the supplementary role of jurisprudence in relation to the need for legal certainty and social justice, from the perspective of environmental (and climate) protection with a view to future generations, which today is also climate justice.

The metamorphosis of EIA: from traditional adminis- trative procedures to climate litigation challenges / Lorusso, Armando. - In: CORPORATE GOVERNANCE. - ISSN 2784-8647. - STAMPA. - 2(2025), pp. 361-389.

The metamorphosis of EIA: from traditional adminis- trative procedures to climate litigation challenges.

Armando Lorusso
2025

Abstract

This paper addresses the issues related to recognizing the mandatory value that indirect effects of high greenhouse gas emission extractive projects assume within administrative environmental impact as- sessment procedures (EIA). Specifically, it analyzes the so-called downstream effects, namely those aris- ing from the final use of products, often beyond the control of the enterprise authorized to carry out the extractive activity. Considering the obligations arising from european Union law on EIA, the analysis focuses on the most recent developments that this perspective is assuming within european and inter- national jurisprudence, compared to the resistance observed at the national level, where such obliga- tions do not appear to have been transposed by the legislator. The issue raises broad reflections regard- ing the supplementary role of jurisprudence in relation to the need for legal certainty and social justice, from the perspective of environmental (and climate) protection with a view to future generations, which today is also climate justice.
2025
The metamorphosis of EIA: from traditional adminis- trative procedures to climate litigation challenges / Lorusso, Armando. - In: CORPORATE GOVERNANCE. - ISSN 2784-8647. - STAMPA. - 2(2025), pp. 361-389.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11589/291022
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