Paradigm shift in the law on Environmental Impact Assessments (EIAs) 

This legal briefing looks at the implications from recent court rulings on EIAs for EU airport and port expansion. 

Background: scope 3 emissions in environmental impact assessments 

Aviation and shipping are major drivers of climate change, whilst airports and ports across Europe continue expanding. Until recently, environmental assessments could ignore the biggest part of the problem: scope 3 emissions – those produced indirectly as a result of a certain project, such as emissions released by planes and ships in the case of airports and ports respectively. But a wave of landmark court decisions, most notably the European Free Trade Association Court’s Greenpeace Nordic advisory opinion, has confirmed that these emissions must be included into Environmental Impact Assessments (EIAs).

What’s in the report?   

This legal briefing (PDF) explains the significance of the recent court rulings on EIAs, examining the resulting change in EU environmental law. It explores the practical implications of the legal precedent for developers, authorities, and communities in the aviation and shipping sectors.

Dominika Leitane, Legal Officer at Opportunity Green and author of the report, says:

“While the immediate legal cases focused on oil extraction projects, the impacts of the precedent they set is likely to be felt across many different industries, including aviation and shipping. This landmark legal development signals a new era of accountability for infrastructure projects whose climate impacts were previously dismissed as too indirect or inevitable to measure – particularly airports and ports.” 

Read the report to find out:

• Why scope 3 emissions from burning fuels must now be included in environmental impact assessments for airports and ports.

• What this means for liquefied natural gas (LNG) and sustainable aviation fuels, often wrongly assumed to be “clean”.

• What developers and local authorities should do to ensure legal compliance when bringing, or assessing, planning applications, for port and airport expansion projects.