Environmental impact assessments as a mechanism of regulatory intermediation: the case of Israeli wind energy

Abstract

The environmental impacts of infrastructure projects are widely assessed through a procedure known as environmental impact assessments (EIAs). In many regulatory systems, EIAs are carried out by third-party intermediaries. However, their roles and effectiveness within public policy and regulatory governance remain understudied. This study addresses this gap by examining 24 wind energy projects deliberated in Israeli planning committees between 2003 and 2024. Specifically, we ask: (1) What intermediary roles do EIAs and those responsible for their implementation play? (2) What are the strengths and weaknesses of EIAs as an intermediation mechanism? (3) How do these strengths and weaknesses shape their effectiveness? Our analysis identifies five key intermediary roles: two formal roles, which are legally defined—providing advisory services and facilitating enforcement and compliance—and three informal roles, which extend beyond strict regulatory mandates—interpretation, dialogue facilitation, and advocacy. The formal roles ensure compliance with regulatory guidelines and advance environmental expertise, thereby meeting regulatory requirements and contributing to high procedural effectiveness. However, challenges persist, particularly regarding informal roles, which are often influenced by intermediaries’ alignment with developers’ interests. These challenges contribute to relatively low substantive effectiveness, as planning committees frequently find EIAs insufficient for informed decision-making, leading them to seek external consultants for validation. The gap between EIAs meeting regulatory requirements and planning committees’ inability to fully rely on them highlights weaknesses in EIA governance as a mechanism of regulatory intermediation. We argue that formalizing informal intermediary roles with clearer guidelines could improve EIA effectiveness, enhance objectivity, and strengthen decision-making in the EIA framework.