Mitigation and Screening for Environmental Assessment

28 Pages Posted: 8 Sep 2011

Date Written: July 30, 2011


Should mitigation measures be taken into account in determining whether a project will have significant environmental effects and therefore be subject to assessment under the EU Environmental Impact Assessment (EIA) Directive? Such an important issue in impact assessment has a surprisngly low visibility. Although the issue has come before courts in the UK on a number of occasions over the last decade, it has yet to be interrogated by the Court of Justice of the EU and mitigation issues receive almost no attention in the EU academic literature. This paper explores this issue, arguing that adaptive forms of regulation have something to offer as a way of resolving the tensions.

Keywords: Environmental impact assessment, EU law, mitigation measures, adaptive management

Suggested Citation

McGillivray, Donald, Mitigation and Screening for Environmental Assessment (July 30, 2011). Available at SSRN: or

Donald McGillivray (Contact Author)

University of Sussex Law School ( email )

Brighton BN1 9QN
United Kingdom

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