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Description
The purpose of this project is to improve legal certainty concerning where, when and which of the climate change aspects should be assessed in EIA. We also aim to raise awareness among local governments and NGOs about the obligations of considering the aforementioned aspects in EIAs and in environment-related decisions. In the framework of the project, we shall carry out actions to raise awareness among the target groups and provide legal aid. To achieve greater legal certainty, we will consider filing strategic challenges and administrative court actions where appropriate. In the final phase of the project, we shall carry out activities related to protection of interest at national level.
As a result of the project, the target groups will become aware of the scope and necessity of considering the climate change aspect in EIA, they will have practical instructions in their disposal, in addition to an improved legal certainty in the said matters. We are hoping it will lead to considering the climate aspect in EIA as standard practice where the climate aspect will be given necessary attention in the course of decisions concerning the environment. The promoter of the project is Estonian Environmental Law Centre who shall be responsible for overall coordination of the project, as well as for the activities related to EIA and to decisions concerning environment. The partner in the project is Friends of Earth Estonia whose tasks, as a leader of Estonian climate action network, would include the topics related to involvement and protection of interest. Stockholm Environment Institute Tallinn department will take part in the project as expert, who shall provide the project with its knowledge in EIA, including the nature of climate impacts.
Summary of project results
For Estonia, a major challenge lies in the fact that general climate goals and the climate-related commitments undertaken by the state do not translate into individual decision-making. At the level of individual decisions, the impact on meeting climate goals could be assessed as part of environmental impact assessments. However, in this area, Estonia faces various shortcomings, such as the lack of clear rules (thresholds) for what constitutes significant climate impact. As a result, climate impact is generally not meaningfully considered in decision-making. Additionally, there is low general awareness and lack of guidance materials about the assessment of climate impact within the framework of environmental impact assessment (EIA) and strategic environmental assessment (SEA) processes.
Through the project, the aim is to enhance the knowledge of environmental organizations and local governments on considering climate impact, establish conditions for more thorough consideration of climate impacts through the creation of guidance materials, and achieve greater legal clarity on how, when, and which aspects of climate impact must be considered in environmental impact assessment process, and how to appropriately weigh these in environmental decision-making. Another aim is to provide input at the national level on how to ensure greater consideration of climate aspects in impact assessments and environmental decision-making.
Project activities included:
- Preparation of comprehensive guidelines "Recommendations for climate impact assessment and taking climate considerations into account"
- Trainings for local governments, environmental CSOs and community level organizations;
- Providing free legal advice to CSOs;
- Advocacy activities with other non-governmental organizations vis-à-vis the Ministry of the Environment, the Environmental Board and environmental impact assessors;
- Public engagement events and communication work for the preparation of the guidelines, and introduction of project results.
The completed guidelines are there to encourage impact assessors to evaluate climate impacts more thoroughly and decision-makers to take climate considerations into greater account. Additionally, the guidelines serve as a valuable resource for environmental organizations in achieving their climate-related goals. For example, KÕK already has used it in advocacy work (e.g., preparing positions for the environmental impact assessment of the Ojamaa oil shale mine) and in providing legal assistance.
Undoubtedly significant was the decision by the Environmental Board to conduct an environmental impact assessment (EIA) as part of the integrated environmental permit process for the Enefit oil plant and to evaluate climate impacts more comprehensively, based on updated knowledge and documents. This demonstrates that government institutions can be persuaded to consider climate impacts more substantively.
Perhaps the area with the greatest potential impact is the adoption of a climate law, which the current government is certainly planning. The knowledge gathered, conclusions drawn, and materials developed during the project can be used to help create the best and most ambitious climate law possible.
Several representatives from environmental organizations and community organizations participated in the project activities, gaining new knowledge about the impacts of climate change and how to account for them in environmental impact assessments. They also have the opportunity to use the guidelines and other materials developed during the project in their work. This enhances their capacity to engage in significant processes, such as drafting climate legislation or contributing to the preparation of plans or projects with notable climate impacts. For example, the outcomes of the project enable KÕK to extend its impact beyond Estonia by sharing the gathered knowledge with its partners in the Justice and Environment network.
Public participation in environmental decision-making, including environmental impact assessments, is tied to the principles of democracy and the rule of law. It is also aligned with the principles of the Aarhus Convention. Society is increasingly discussing the link between human rights and climate change, including how severe climate impacts affect human rights. The guidelines prepared within the project highlight the connection between the consequences of climate change and human rights.
The implementation of the project also fostered collaboration among civil society organizations as well as between the non-profit sector and other sectors (state, local governments, and impact assessors).