Environment and Climate Change

We have a specialised and dedicated environment and climate change practice that has extensively advised on vast environmental subjects, including air, water, forests, wildlife, and biodiversity.

With growing environmental activism, sustainability awareness, and regulatory watch, businesses must consider the impact of their operations on environment and climate change. At Trilegal, we have a specialised and dedicated Environment and Climate Change Group advising on various environmental subjects, including air, water, forests, wildlife, and biodiversity. The Group also has deep expertise in the management of hazardous, chemical, plastic, battery, and bio-medical wastes. Harnessing the full-service nature of Trilegal, the Group provides regulatory, transactional, and dispute support to clients.

The Group provides end-to-end legal services in environmental claims and disputes:

Interacting with environmental regulators at both central and state levels
Engagement of relevant environmental consultants
Representation before judicial forums at different levels, such as the Indian District and High Courts, National Green Tribunal, and the Supreme Court of India
Crisis management services in case of environmental breaches and accidents

The Group also regularly investigates environmental and regulatory risks arising in M&A transactions to ring-fence against any potential environmental penalties and liabilities on key managerial personnel.

The Group works closely with environmental consultants accredited by the Indian Ministry of Environment, Forests, and Climate Change. These include sampling and testing agencies; treatment, storage, and disposal facilities; waste collectors, managers, and recyclers.

Some of our areas of work include

Environmental Defense Litigation
The Group regularly advises and counsels clients in matters before the Supreme Court, National Green Tribunal, High Courts, and Pollution Control Boards. The Group’s expertise spans a range of disputes.
- Pollution Control
  - Dealing with air, water, and soil pollution claims under the Environment Protection Act, Air (Prevention and Control of Pollution) Act, 1981, Water (Prevention and Control of Pollution) Act 1974, and environmental penalties arising from such pollution
  - Dealing with claims of forest degradation and violation of community rights under the Indian forest laws, such as the Forests Act, 1927, Forest (Conservation) Act, 1980, Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006
  - Dealing with claims arising from improper handling, transportation, and disposal of wastes, such as hazardous, plastic, battery, electronic, bio-medical wastes, and environmental penalties arising from these
- Environmental Disasters
  
  The Group has significant experience in dealing with the complicated legal issues arising in the aftermath of an environmental disaster, such as blasts or explosions, including:
  - Dealing with litigation and enforcement actions across different judicial, quasi-judicial and administrative bodies
  - Engagement of and collaboration with fact-finding and public relations experts
  - Dealing with insurance-related claims
- Climate Change
  
  The Group is actively involved in climate change litigations, such as:
  - Industry shutdowns on allegations of adverse climate effects
  - Claims to phase out fossil fuels as a source of energy
  - Claims relating to adaptation and transition towards clean energy sources.
  - Claims against unsustainable mining operations
Environmental Advisory and Compliance
The Group has deep expertise in advising on compliance and regulatory matters:
- Compliances required under the Air (Prevention and Control of Pollution) Act, 1981, and Water (Prevention and Control of Pollution) Act, 1974
- Environmental clearances required under the Environment Protect Act, 1986 and Environment Impact Assessment Notification, 2006
- Forest clearances required under the Forest (Conservation) Act, 1980
- Consents relating to the handling, transportation, recycling, and disposal of various types of waste under various Indian waste management laws
Environmental Due Diligence and Risk Management
The Group is regularly involved in environmental risk management at every life stage of a business:
- Assessment and mitigation of environmental issues in day-to-day operations, typically relating to obtaining consents/permits, reporting and disclosure obligations
- Identification, analysis, and mitigation of environmental risks in sale of goods, mergers, acquisitions, and other transactions
- Crafting internal sustainability policies