03 Dec 2024
This update highlights recent developments in Indian environmental law from November 2024, including judicial pronouncements, legislative measures and regulatory actions.
In November 2024, the Supreme Court continued monitoring the deteriorating air quality in the National Capital Region (NCR) and issued directions to the authorities to take effective steps. The Court also mandated the establishment of State Environment Impact Assessment Authorities (SEIAA) in all states. Separately, the National Green Tribunal (NGT) passed important orders imposing extraordinary compensation on errant industries for causing pollution and violating environmental laws.
The month of November also saw some important legislative developments with the introduction of new rules for inquiry and adjudication of complaints for violations under the Environment Protection Act, 1986 (EPA), Air (Prevention and Control of Pollution) Act, 1981 (Air Act) and Water (Prevention and Control of Pollution) Act, 1974 (Water Act) by the Ministry of Environment, Forest and Climate Change (MoEF&CC). Similarly, rules have also been issued for better adjudication of complaints of stubble burning. These rules have been issued in compliance with previous orders of the Supreme Court highlighting gaps in the adjudicatory mechanism for environmental laws.
Several other relevant directions and notices have been issued by the Central Pollution Control Board (CPCB) and the State Pollution Control Boards (SPCB) for enforcement of environmental laws, specifically waste management laws.
These key developments are discussed in detail below.
1.1 Supreme Court
The Supreme Court continued its regular monitoring of air pollution in NCR throughout November 2024.1 It reiterated the fundamental right to a pollution-free environment guaranteed under Article 21 of the Constitution and issued strict directions to the relevant authorities. State governments and the Commission for Air Quality Management (CAQM) were called upon to take stringent actions against erring officials for failing to adequately implement the Graded Response Action Plan restrictions and the firecracker ban.
In October 2024, the Supreme Court had issued orders leading to the establishment of new rules for inquiry and adjudication of violations under the EPA, Air Act, and Water Act, including cases of stubble burning. These rules, coupled with the ongoing monitoring, are expected to strengthen the enforcement of environmental protection laws in India.
The Supreme Court has directed all states to establish SEIAAs within six weeks, where they are not already in place.2
This decision came in response to a challenge against the NGT’s order disapproving environmental clearances issued by District Environment Impact Assessment Authorities (DEIAA) for small-scale mining leases (zero to 25 hectares). The Supreme Court upheld the NGT’s decision, emphasising that the dilution of environmental clearance processes for small-scale mining projects violated established legal principles. It also extended the deadline for re-appraisal of clearances granted by DEIAA from January 2016 to September 2018 till 31 March 2025, and mandated that parties who have not yet applied for re-appraisal must submit their applications within three weeks.
1.2 National Green Tribunal
The NGT has imposed a significant environmental compensation of INR 6.9 crore on the Panipat Thermal Power Station for improper fly ash management and disposal. This decision was made in response to a complaint filed by a local resident highlighting the adverse environmental and health impact on nearby villages. The NGT also directed the power station to scientifically dispose of 10.8 million tonnes of accumulated ash by 31 July 2027, and has mandated the Haryana SPCB to calculate ongoing environmental compensation until the complete disposal of the fly ash.3
The NGT also criticised the power station’s ineffective tree plantation efforts, emphasising the need for scientifically planned sustainable green belt to mitigate environmental damage.
2.1 New rules for conducting inquiries and imposing penalties under the Environment Protection Act
The MoEF&CC has recently issued the Environment Protection (Manner of Holding Inquiry and Imposition of Penalty) Rules, 2024, to streamline the process of filing complaints and conducting adjudications under the EPA.
The new rules outline the procedure for filing complaints by the CPCB, SPCB, CAQM, and Integrated Regional Offices of the MoEF&CC against contraventions of the EPA. Additionally, the rules prescribe the process to be followed by designated adjudicating authorities for conducting adjudication in terms of the EPA.
2.2 Rules amended to link environmental compensation for stubble burning to landholding size in National Capital Region
The MoEF&CC has amended the CAQM in NCR and Adjoining Areas (Imposition, Collection and Utilization of Environmental Compensation for Stubble Burning) Rules, 2023.4 This amendment, effective immediately, aims to strengthen the fight against air pollution caused by stubble burning in NCR.
The key change introduced is a structured approach for imposing environmental compensation on farmers based on their landholding size. This move is expected to incentivise farmers to adopt alternative agricultural practices that reduce the need for stubble burning.
The amendment comes as a response to the Supreme Court’s criticism of the authorities’ inadequate response to stubble burning and is likely to be a significant step towards improving air quality in NCR.
2.3 New rules for adjudication of cases pertaining to air and water pollution
The MoEF&CC introduced new rules on 11 November and 12 November 2024, to streamline the process of handling water and air pollution cases, respectively. These rules became effective immediately upon publication.
The rules prescribe the procedure for filing complaints, holding inquiries, and imposing penalties for violation of the Water Act and Air Act. Under these rules, inquiries about complaints must be initiated within 30 days of receiving them. Inquiry for every offence must be completed within 6 months of issuing the initial notice, extendable by the adjudicating officer for sufficient cause.
Orders imposing penalties must provide details of the violations and the reasoning behind the imposed penalties must be effectively communicated to all parties.
This initiative reflects a commitment to improving regulations for more effective implementation.
3.1 Guidelines for determination of processing capacity of e-waste recycling facility
The CPCB has issued new guidelines for determining the processing capacity of e-waste recycling facilities.5 This determination will be used by SPCBs and Pollution Control Committees to assess and grant Consent to Operate to e-waste recycling facilities. Additionally, recyclers are required to maintain detailed records of material flow at all stages of the recycling process, as per the requirements of the Extended Producer’s Responsibility (EPR) portal.
3.2 Ministry of Defence issues solid waste management bye-laws for cantonments
The Ministry of Defence has issued Solid Waste Management Bye-laws for several cantonments, including Ambala, Bareilly, Roorkee, and others. These bye-laws aim to ensure efficient and sustainable waste disposal practices within cantonment areas.
The bye-laws recommend segregation of waste into biodegradable, non-biodegradable and hazardous waste and stipulate penalties for non-compliance. They also encourage public participation for segregation, collection and waste disposal.
3.3 Scheme for implementation of pilot projects for production and use of Green Hydrogen issued by the Ministry of New and Renewable Energy
The Ministry of New and Renewable Energy has launched a new scheme to promote the production and utilisation of green hydrogen.6 The scheme aims to support pilot projects in various sectors such as residential, commercial, and decentralised applications, as well as in emerging technologies.
A dedicated Scheme Implementing Agency will be responsible for overseeing the scheme, inviting project proposals, evaluating applications, and selecting the most promising projects for funding.
This initiative is a significant step towards advancing India’s green hydrogen economy and fostering innovation in this field.
3.4 Punjab Pollution Control Board clarifies processing fee structure for obtaining consent to establish or operate
The Punjab PCB has issued a notification clarifying the processing fee structure for obtaining Consent to Establish or Operate. Industries with a financial bracket of INR 5,000 crore or above will be granted consent on a year-to-year basis until further directions. Where such industries require long-term consent, they must submit an undertaking that once revised rates are issued for obtaining consent, they will deposit the fee along with the arrears.
3.5 Central Pollution Control Board announces reminders and exemptions on the centralised Extended Producer Responsibility portal for plastic waste
The CPCB has called upon all producers, importers and brand owners registered during the financial years (FY) 2022-23 and 2023-24 to file their annual returns for FY 2023-24 by 30 November 2024.7 Failure to do so will result in CPCB filing automatic annual returns on behalf of the non-compliant entity. Additionally, the EPR target of such non-compliant entities for FY 2024-2025 will stand increased by 25% as a penalty.
While micro and small producers are exempted from EPR for plastic waste for FY 2023-2024, they are still required to file their annual returns within the prescribed timeline.
[1] In Re: Commission for Air Quality Management (Air Pollution) and Implementation of GRAP IV; M.C. Mehta v Union of India and Ors., W.P. (C) No. 13029/1985
[2] Order dated 12. 11.2024 in Rajiv Suri v Union of India and Ors and connected appeals, C.A. No. 2799-2800 of 2021
[3] Order dated 08.11.2024 in Subhender v State of Haryana and Ors., O.A. No. 612 of 2022
[4] Commission for Air Quality Management in National Capital Region and Adjoining Areas (Imposition, Collection and Utilization of Environmental Compensation for Stubble Burning) Amendment Rules, 2024
[5] Guidelines for determination of processing capacity of e-waste recycling facility by SPCBs/PCCs
[6] Scheme Guidelines for implementation of pilot projects for production and use of Green Hydrogen
[7] Extended Producer Responsibility (EPR) Plastic Portal – CPCB
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