環境影響評估納入氣候變遷的司法途徑－－美國法的發展與啟示

Judicial Approach to Incorporate Climate Change into Environmental Impact Assessment: the U.S experience

氣候變遷已經被視為當代最重要的環境威脅，法院與環境影響評估被認為有回應氣候變遷潛力的既有法律制度。法院如何回應正當性與能力的質疑、是否調整環評制度以因應氣候變遷、又是否有侷限等問題，是當代法學界思考氣候變遷法律因應的重要課題。
本文透過美國近年來相關案件的整理，從政治性、科學不確定性、氣候變遷的時間與空間特性來說明法院如何回應以架接既有環評制度與新興的氣候變遷挑戰。
本文發現，美國法院透過NEPA的開放性文字，逐漸形成聯邦機關將氣候變遷因素納入環評的義務要求。然而，氣候變遷納入環評的司法途徑已經達到侷限。行政機關與立法機關仍應全面思考調整環評制度以因應氣候變遷挑戰的整體方案。

Climate change has become the most important environmental threat. Among all possible response, Environmental Impact Assessment and the courts are highly expected mechanisms. Yet, the reform of Environmental Impact Assessment encounters practical obstacles, and the courts’ ability and legitimacy in addressing climate change issues have been questioned. Environmental groups and local governments have been trying to incorporate climate change issues into the Environmental Impact Assessment. How courts respond the challenges and to bridge the existing legal mechanism with the new climate challenges is a serious issue that may shed light for future legal discussion.
This article reviewed the recent development in the United States with an attempt to answer above questions. This article finds that, court has been attempting to break through its limits and incrementally adapt the Environmental Impact Assessment to climate change. However, this article also suggests that judicial approach to incorporate climate change into Environmental Impact Assessment has reached its limits. Legislative and executive branches should comprehensively reform Environmental Impact Assessment Act to combat the challenges of climate change.