Environment Law Monthly Updates – February 2025

Partner: Rajat Jariwal, Associates: Prerna Singh and Shatakshi Tripathi

The month of February 2025 saw significant developments in Indian environmental law, marked by the Supreme Court’s interim stay on the Ministry of Environment, Forest and Climate Change (MoEF&CC) notification exempting certain projects from Environmental Impact Assessment (EIA) requirements, alongside new MoEF&CC guidelines streamlining consent processes for air and water pollution control legislations and amendments to battery waste management rules mandating Extended Producer Responsibility (EPR) compliance through Quick Response (QR) codes. Additionally, the Central Pollution Control Board (CPCB) issued a Standard Operating Procedure (SOP) for petrol depots, emphasising strict compliance with pollution control and safety regulations. These developments reflect a legislative trend towards streamlining the environmental law regime by balancing industrial operations with enhanced environmental protection and regulatory clarity.

1. Judgments

1.1 Supreme Court stays a notification exempting certain categories of projects from the requirements of the Environmental Impact Assessment Notification, 2006

On 24 February 2025, the Supreme Court, through an interim order, stayed the operation of a MoEF&CC notification of 29 January 2025 and its clarificatory Office Memorandum (OM) issued on 30 January 2025.

The notification exempted certain project categories, such as industrial sheds, schools, colleges, and hostels for educational institutions, from the requirement to obtain an Environmental Clearance under the Environmental Impact Assessment Notification, 2006 (EIA Notification). The OM clarified that previous Office Memorandums from 19 May 2022, exempting all educational institutions as defined in the Noise Pollution (Regulation and Control) Rules, 2022, and from 4 October 2022, including industrial sheds under warehouses, will remain applicable to the notification of 29 January 2025. This stay effectively nullifies the MoEF&CC’s attempt to clarify and potentially relax EIA requirements for low-pollution projects, echoing the fate of a similar notification previously set aside by the Kerala High Court for procedural infirmities.

2. Legislative Updates

2.1 New guidelines for issuance of consent under the Air and Water Act

The MoEF&CC published the Control of Air Pollution (Grant, Refusal or Cancellation of Consent) Guidelines, 2025 and the Control of Water Pollution (Grant, Refusal or Cancellation of Consent) Guidelines, 2025 on 29 January 2025 and 30 January 2025, respectively. These guidelines aim to streamline the consent issuance process for industrial plants, detailing procedures for obtaining, renewing and revoking Consent to Establish (CTE) and to Operate (CTO).

CTEs will be valid for five years and extendable by two years. The validity of CTOs will vary by industry category—red: five years, orange: 10 years, green: 15 years, and blue: 17 years.

The Guidelines also prescribe specific timelines, based on industry categories, for consent decisions:

1. Grant or refusal of CTE: 60 days for red category, 45 days for orange category and 30 days for green category industries.
2. Grant or refusal of CTO (first time): 90 days for red category, 60 days for orange category and 30 days for green category industries.
3. Grant or refusal of renewal of CTO or expansion or amendment: 120 days for red category, 60 days for orange category and 30 days for green category industries.

The Guidelines also provide that CTE or CTO can be refused or cancelled for various reasons. However, before any refusal or cancellation, a reasonable opportunity for a hearing must be provided.

2.2 Battery Waste Management Rules amended to prescribe new packaging requirements

The MoEF&CC, through a notification dated 24 February 2025, has amended the Battery Waste Management Rules, 2022, introducing new compliance requirements for battery packaging.¹ The amendment requires the printing of a barcode or QR code containing the EPR registration number on a wide range of items, including batteries, battery packs, packing of equipment containing batteries or battery packs, and bulk packaging of batteries or battery packs. Additionally, the EPR registration number must be included in product information brochures.

3. Other relevant developments

3.1 Standard Operating Procedure issued for petrol depots to provide enhanced environmental and safety standards

In response to recent directions by the National Green Tribunal, the CPCB has issued an SOP for petrol depots, excluding petrol pumps/retail outlets. This SOP applies to depots having facilities for storing, handling, distributing, transporting, loading or unloading petrol and that require approval or license from the Chief Controller of Explosives for storage of petrol.² The SOP contains extensive standards for (a) general compliance, (b) leakage prevention, (c) secondary containment, (d) monitoring, (e) accident prevention, (f) location and siting of petrol depot, and (g) decommissioning of tanks.

Petrol depots must obtain CTE prior to establishment. They must obtain CTO from the concerned State Pollution Control Board, authorisation under the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016, and insurance policies under the Public Liability Insurance Act, 1991, before commencing operations.

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