環境影響評估之目的在於預防及減輕開發行為對環境造成不良影響，藉以達成環境保護之目的。然而，我國環評制度執行至今，仍有不少問題造成案件後續爭議不斷，以台東杉原美麗灣為例，目前雖已有明確之司法裁判，撤銷環評結論，為我國自實施環評以來少見之案例，但因該案在經裁判後後續仍有施工、營運之情形，致使衍生爭議，其中又以環評法第14 條第1 項所涉環評審查結論與開發許可之效力之問題最具爭議性－亦即環評結論遭判決撤銷確定後，原核發之開發許可效力究竟為何？
本文透過該則案例，欲探討環評與開發行為之許可程序間的法律關係，並嘗試以學說上之多階段行政程序作討論，進而瞭解，應實施環評之開發行為，其最終之准許開發與否的行政處分，須以環評主管機關作成之審查結論為先決要件，故兩者具有前後階段之程序關係。

The aims of Environment Impact Assessment(EIA) is to prevent and reduce the hostile developments to environment, which are resulted by land use attitude of human, in order to achieve the goal of environment protection. However, EIA Act in Taiwan run to now, there are still many problems cause the follow-up of event’s constant disputing, a case study of Taitung Shanyuan coast development project, although there have been clear judgments, is rare in the case of conclusions of EIA was revoked since EIA system has executed in Taiwan, and the follow-up is still constructs and operates after judgments, cause the effect of EIA to derivative disputes for what after all , among EIA Act, the EIA conclusions and the effect of development permission of Article 14 EIA Act is the most controversial – how is the effect of original development permission after the EIA conclusions was revoked by judgment?
Through this litigation case to investigate the legal relationship between the procedures of the EIA and the development permission, and try to discussed both by multi-level administrative procedures, and then understand that permit development or not have to depend on official decisions by the environmental agency of the EIA. Therefore, they are the graded procedural relationship.