Rationality of the project implementation variant – commentary on the judgment of the Supreme Administrative Court of 12 December 2024, III OSK 4825/21

Abstract

The commented judgment concerns a significant aspect of the assessment of the environmental impact of a project, namely the variants of its implementation, which must first be included in the environmental impact report and then in the decision on environmental conditions. This issue continues to raise significant problems in administrative proceedings on this matter, both at the stage of preparing reports and in issuing decisions by the relevant public administration authorities, despite established case law in this area. The commented judgment correctly and comprehensively discusses the issue of the legally required rationality of the variants of project implementation, formulating a thesis that deserves approval: the effectiveness of preventive measures in the individual assessment of the project largely depends on the quality of the variants developed in the report and their proper evaluation by the authority issuing the environmental decision. This is particularly important from the perspective of assessing the environmental impact of the project, which precedes further stages of the investment process and allows for the lawful conduct of activities that may negatively affect the environment.