The Environmental Protection Administration (EPA) issued conditional approval to the environmental impact statement of the fourth-phase project of the Central Taiwan Science Park (Project), against which the residents filed a suit. The residents claimed that the Project shall undergo the second stage of the environmental impact assessment (EIA) procedure. On September 15th, 2011, the Taipei High Administrative Court rendered an appealable decision in favor of the EPA and upheld the validity of the conditional approval.

       The court first dealt with the standing problem. The court started by clarifying that the EIA Act, rather than a law protecting substantive interests, is a procedural law. Further, the Court pointed out that the EIA Act is not aimed to protect the general public’s procedural rights and interests, and only some very limited people have standing to initiated litigation. The court, by applying the Schutznormtheorie, held that only the residents who are actually influenced by the Project have standing. In the meanwhile, the court found that there was no infringement to the residents’ rights or interests because there was yet any construction when the approval was issued, and therefore concluded the residents do not have standing.   

        As regarding the substantive issues, the plaintiff (residents) argued that the EIA conclusion was arbitrary for it was based on incomplete and incorrect information. The court disagreed with the plaintiff. The court explained that sites investigations and special committees were held several times in the EIA procedure. Moreover, the EPA organized professional committees to discuss about the impact of the effluent and its responding measures, and provided channels for public participation. In conclusion, the court affirmed that the EIA process has satisfied the requirement of public participation as well as information disclosure, and therefore dismissed the case.