National Environmental Protection Act AND The Philippine Environmental Impact Statement System
National Environmental Protection Act AND The Philippine Environmental Impact Statement System
National Environmental Protection Act AND The Philippine Environmental Impact Statement System
PROTECTION ACT
AND
THE PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM
NEPA AND PEISS
U.S. NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 PHILIPPINE ENVIRONMENTAL IMPACT STATEMENT SYSTEM
(PD 1151)
Section 102(2)(C) of NEPA provides that an environmental Section 4. Environmental Impact Statements. Pursuant to the
impact statement (EIS) is to include: above enunciated policies and goals, all agencies and
instrumentalities of the national government, including
in every recommendation or report on proposals for legislation government-owned or controlled corporations, as well as private
and other major Federal actions significantly affecting the corporations firms and entities shall prepare, file and include in
quality of the human environment, a detailed statement by the every action, project or undertaking which significantly affects the
responsible official on: quality of the environment a detail statement on
(i) the environmental impact of the proposed action, a) the environmental impact of the proposed action, project or
undertaking
(ii) any adverse environmental effects which cannot be
avoided should the proposal be implemented, b) any adverse environmental effect which cannot be avoided
should the proposal be implemented;
(iii) alternatives to the proposed action,
c) alternative to the proposed action;
(iv) the relationship between local short-term uses of
d) a determination that the short-term uses of the resources of the
man’s environment and the maintenance and enhancement of
environment are consistent with the maintenance and
long-term productivity, and
enhancement of the long-term productivity of the same; and
(v) any irreversible and irretrievable commitments of
e) whenever a proposal involve the use of depletable or non-
resources which would be involved in the proposed action renewable resources, a finding must be made that such use and
should it be implemented. commitment are warranted.
NEPA AND PEISS
▸ Section 102(2)(C) of the National Environmental Policy Act (NEPA) requires federal
agencies to consider the environmental impact of any major federal action.
▸ Second, it ensures that the agency will inform the public that it has indeed
considered environmental concerns in its decisionmaking process.
▸ Rather, it required only that the agency take a "hard look" at the environmental
consequences before taking a major action.
NEPA AND PEISS
▸ Petitioners contend that they are exempt from filing an appeal with the DENR
Secretary because the issuance of the ECC was in patent violation of existing laws
and regulations.
▸ The contention is also without merit. While such documents are part of the
submissions required from a project proponent, their mere absence does not render
the issuance of the ECC patently illegal.