The Environmental Impact Assessment (“EIA”) process is an administrative mechanism that ensures the prior evaluation of activities that may harm the environment and the implementation of necessary precautions. In Türkiye, this process is regulated under the Environmental Law No. 2872 and the Environmental Impact Assessment Regulation. The primary aim of the EIA process is to protect the environment while ensuring sustainable development. The administration is responsible for preventing adverse environmental impacts and taking necessary measures. Accordingly, the administration’s responsibilities in the EIA process include conducting scientific, impartial, and legally compliant evaluations, ensuring public participation, preventing projects that may harm the environment, and effectively monitoring the process. If the administration fails to fulfill these obligations, it may be held legally accountable.
One of the primary responsibilities of the administration in the EIA process is to conduct a scientific and objective evaluation. EIA reports must be prepared based on scientific data and technical analyses. It is essential to act in accordance with the principle of impartiality and accurately determine the environmental impacts of projects. In addition, the process must be conducted transparently and be open to public participation. The involvement of the public and relevant non-governmental organizations is crucial in identifying environmental impacts and developing solutions. The administration is obliged to consider public opinions and carry out the process with the broadest possible participation.
To prevent environmental damage, the administration is also responsible for refusing approval for projects that may harm the environment or ensuring that necessary environmental measures are taken. Within the scope of its duty to protect the environment, the administration must carefully assess activities that could negatively affect the environment and implement necessary regulations. In this regard, the potential impacts of projects must be analyzed, possible risks must be identified, and appropriate preventive measures must be taken. Moreover, the EIA process should not be limited to the decision-making phase but should also include monitoring and supervision during the implementation phase. The environmental impacts of projects that receive a positive EIA decision should be continuously monitored, and necessary interventions should be made in case of any negative consequences.
Administrative decisions made within the EIA process are subject to judicial review. The judicial review process assesses decisions in terms of authority, procedure, and substance. In terms of authority, it is examined whether the administrative body issuing the EIA decision is competent. Procedurally, it is evaluated whether the decision-making process was conducted in compliance with the law and relevant regulations. In terms of substance, the review assesses whether the EIA decision is supported by scientific and technical reports and whether its environmental impacts have been duly considered. In Türkiye, lawsuits challenging EIA decisions are heard by administrative courts. The Council of State (Danıştay) has developed significant case law regarding the annulment of EIA decisions. If courts determine any legal violations in the EIA process, they may annul the relevant administrative act or issue a stay of execution. Therefore, the failure of the administration to fulfill its responsibilities may lead to legal sanctions.
A review of case law on the EIA process reveals several important judicial decisions. In some rulings of the Council of State, administrative decisions based on incomplete or inadequate EIA reports have been deemed unlawful. Specifically, in cases where environmental impacts were inadequately assessed or public participation was insufficient, EIA decisions have been annulled. Courts meticulously examine the EIA process to prevent environmental damage and protect the public interest. If they identify legal violations, they invalidate administrative decisions. This highlights the importance of the administration’s responsibility in the EIA process and the necessity of acting in accordance with the law.
In conclusion, the EIA process is of great significance for environmental protection and sustainable development. The administration’s responsibility in this process is based on making legally compliant, scientifically grounded, and transparent decisions. However, in practice, there are instances where the administration fails to fully meet its obligations. In this context, the effective functioning of judicial review mechanisms is crucial for the protection of environmental rights. Ensuring the legal compliance of the EIA process is indispensable for effective environmental policies and sustainable environmental management. The administration’s fulfillment of its obligations in this process is essential for protecting environmental rights and leaving a livable environment for future generations.
