EU Environmental Impact Assessment: frequently asked questions by domestic legal practitioners

Compliance with the requirements of Environmental Impact Assessment(EIA) and/or Strategic Environmental Assessment(SEA) is a key feature when claimants challenge big projects like power plants or wind farms. The article answers some typical questions that may arise among domestic legal practitioners. The background and the historical development of EIA/SEA is summarised. The importance of the Aarhus Conventionis highlighted. A brief information on the EIA procedure, the invocabilityof EIA requirements and the role of an actio popularis is provided. It is shown how some Member Stateshave to adjust their concept of subjective right or sufficient interest in order to allow NGO standing. Direct access to justice against plans and programmes may still be a problem in some Member States. However, a consistent interpretation in the light of the Aarhus Conventionand/or a contextual reading and interpretation of the relevant EU law may prevent a denial of justice in the field.