EIAs: Grubbing Ups And Path Clearances For Overhead Electrical Power Lines To Be Treated Differently

Introduction

When it comes to clearing a path in a forest to construct and operate an overhead electrical power line, electricity grid operators face various legal issues.

The clearance of a path involves felling trees underneath power lines to guarantee a minimum safe distance from the electric cables.

In recent years, the crucial legal question has been whether such path clearances must be considered when determining whether a specific project (ie, the installation of electrical power lines) is subject to an Environmental Impact Assessment (EIA).

While the European Court of Justice (ECJ) clarified this issue in 2018 (at least for non-governmental organisations), in light of the applicable EU EIA Directive (2011/92/EU),¹ it remains unclear whether grubbing ups and path clearances should be treated in the same way in terms of their respective environmental impacts. In particular, must the permitting requirements of the Austrian Forestry Act² stipulated for