SC Strikes Down Environmental Clearance Notifications
The Supreme Court of India made a landmark ruling regarding environmental clearances. It invalidated the 2017 notification and the subsequent 2021 office memorandum that allowed projects to receive ex-post facto environmental clearances. This decision aligns with earlier judgments emphasising the need for prior environmental assessments.
Background of Environmental Clearances
Environmental clearances are mandatory for projects that may impact the environment. The Environmental Impact Assessment (EIA) Notification 2006 requires these assessments before project initiation. The 2017 notification aimed to provide a one-time opportunity for projects that commenced without prior clearance.
Supreme Court’s Rationale
The Supreme Court deemed the ex-post facto clearance process as illegal. It stated that this approach contradicts the principles of environmental jurisprudence. The court stated that development should not come at the expense of environmental protection.
Impact of the 2021 Office Memorandum
The 2021 office memorandum aimed to manage violations of environmental regulations. It was issued to address projects that started work without the necessary clearances. However, the court found that this memorandum merely facilitated the regularisation of violations rather than enforcing compliance with environmental laws.
Government’s Defence
The Ministry of Environment defended its actions by arguing that denying regularisation would lead to project demolitions. It claimed that such demolitions would cause further environmental harm. The ministry insisted that the 2021 OM was consistent with the Environment (Protection) Act, 1986.
Consequences of the Ruling
Following the Supreme Court’s ruling, over 100 projects cleared under the violation category may face scrutiny. These projects include coal mines, cement plants, and various industrial facilities. The decision could lead to a reassessment of these projects’ environmental impacts.
Future of Environmental Clearances
The ruling signifies a shift towards stricter enforcement of environmental regulations. The Supreme Court’s decision may encourage greater adherence to environmental laws. It reflects a growing recognition of the importance of sustainable development.
Role of Expert Appraisal Committees
Expert Appraisal Committees (EACs) play important role in evaluating projects for environmental clearance. Between 2017 and 2021, EACs met numerous times to assess projects that violated environmental norms. Their recommendations influenced the clearance process.
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