ENFORCEMENT MECHANISMS IN ENVIRONMENTAL IMPACT ASSESSMENT LEGISLATION: A COMPARATIVE STUDY OF COMPLIANCE AND SUSTAINABLE DEVELOPMENT OUTCOMES

Аннотация

The proliferation of Environmental Impact Assessment (EIA) legislation across jurisdictions has not been accompanied by a corresponding improvement in environmental outcomes, raising critical questions about the enforcement mechanisms that underpin these legal frameworks. This article conducts a comparative analysis of enforcement provisions in EIA laws across four jurisdictions-the European Union, the United States, Brazil, and Kenya-evaluating their effectiveness in ensuring compliance and delivering sustainable development outcomes. The study examines three dimensions of enforcement: administrative oversight and monitoring, judicial remedies and access to justice, and sanctions for non-compliance. Through an analysis of legislative texts, case law, and empirical studies on enforcement outcomes, the article identifies a persistent "implementation deficit" in EIA legislation, where the gap between statutory requirements and on-the-ground compliance undermines the capacity of EIA to function as an effective instrument of sustainable development. The article argues that strengthening enforcement requires a combination of institutional reform, enhanced monitoring technologies, graduated sanctions regimes, and greater integration of enforcement mechanisms with post-approval environmental management. Recommendations for legislative reform are proposed to address the identified deficiencies and to enhance the contribution of EIA laws to sustainable development.