ID: 2255
Presenting Author: Abbas Suleiman
Session: 539 - EIA Litigation Around the World
Status: pending
This paper compares Environmental Impact Assessment (EIA) legislation across the U.S., the E.U., and Nigeria to evaluate how legal design and institutional capacity affect enforcement and environmenta
This paper explores comparative dimensions of Environmental Impact Assessment (EIA) legislation across the United States, the European Union, and the Global South, with a particular focus on Nigeria’s evolving EIA regime. It examines how differences in statutory design, institutional capacity, and public participation shape the enforceability of EIA outcomes and the accessibility of environmental justice. In the United States, the National Environmental Policy Act (NEPA) provides a procedural framework emphasizing transparency and public review, while the European Union’s EIA Directive (2011/92/EU as amended by 2014/52/EU) mandates both procedural and substantive compliance with defined environmental standards. In contrast, many Global South jurisdictions, including Nigeria, face implementation challenges despite having legally robust frameworks.
Using Nigeria’s Environmental Impact Assessment Act (Decree No. 86 of 1992) and the litigation between IHS Nigeria Limited and ATC Towers—two telecom infrastructure firms contesting government-approved EIA clearances for base transceiver station (BTS) construction—the paper illustrates how weak institutional oversight and limited judicial specialization constrain effective enforcement. The case highlights ambiguities around legal standing, the role of corporate entities in contesting EIAs, and the adequacy of available remedies such as injunctions, project suspension, or nullification of approvals.
By comparing these frameworks, the study argues that while legal provisions for EIA enforcement exist across jurisdictions, the strengt
Dr. Abbas Suleiman, PhD, FNES, mNMGS, is a distinguished environmental scientist, policy strategist, and National President of AEIAN. Formerly Director at the Federal Ministry of Environment and now C
Coauthor 1: Henry Nkoro