This article examines whether European Union (EU) rule-of-law principles constrain the introduction and application of Scope 3 greenhouse gas assessment obligations within environmental impact assessment (EIA) procedures. Although the EIA Directive does not expressly require the assessment of downstream emissions, Member States retain considerable discretion to adopt broader climate-related assessment requirements. The article argues that EU law does not preclude such developments but conditions the manner in which they may be introduced and applied. The permissibility of reassessment mechanisms depends on factors including foreseeability, proportionality, finality, and the degree of reliance attached to existing authorizations. By distinguishing between new projects, authorized but unimplemented projects, and operational projects, the article demonstrates how EU law seeks to reconcile climate-transition objectives with rule-of-law guarantees.
European Energy and Environmental Law Review