Legal and Institutional Analysis of the Current Ethiopian Environmental Permitting Regime: Is it Adequate to Adopt Integrated Environmental Permitting?

Abstract

Environmental permitting is a key instrument to control activities that potentially cause pollution and significant environmental impacts. Single-medium permitting was developed to address specific environmental problems. As single-medium permitting does not consider the complex interrelationships between environmental media, and tends to shift pollutants from medium to medium, it is not effective to realize high environmental standards. Integrated environmental permitting encompasses the emissions to air, water, land, and various other environmental impacts to address environmental problems holistically. In light of this, this study analyzed whether the current environmental permitting regime of Ethiopia is adequate to adopt integrated environmental permitting to address the growing environmental problems and challenges in the country. In doing so, the study pays particular attention to the analysis of the legal and institutional frameworks of the regime. To do this, the study mainly employed a doctrinal methodology by using primary and secondary data sources. Accordingly, the research concludes that the Ethiopian environmental permitting regime is not adequate to adopt integrated environmental permitting because (1) the Ethiopian EIA system does not adequately support the permitting regime;(2)the permitting regime does not integrate all affected media holistically and features single medium permitting;(3)the level of coordination between the federal and regional environmental protection agencies concerning permitting is weak and(4) the regime is fragmented both legally and institutionally. Consequently, in this thesis, the writer argues that making legal reforms on the EIA Proclamation, the Investment Proclamation, and on the environmental legal framework; creating institutional competence and coordination; putting positive pressure on the government by environmental NGOs and other interested groups, as well as gradual adoption of IEP in Ethiopia are important to improve the adequacy of the permitting regime to address the growing environmental problems in the country.