Environment Law Monthly Updates – October 2024

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

In October 2024, the Supreme Court reiterated that the right to a pollution free environment is a fundamental right under Article 21 of the Constitution of India. It accordingly passed important orders to monitor the deteriorating air quality in the National Capital Region (NCR).

The month of October also saw important legislative developments with the introduction of the Biological Diversity Rules, 2024 and the draft Liquid Waste Management Rules, 2024 by the Ministry of Environment, Forest and Climate Change (MoEF&CC).

On the regulatory front, the Central Consumer Protection Authority (CCPA) issued guidelines for prevention and regulation of greenwashing or misleading environmental claims. Further, the Commission for Air Quality Management (CAQM) took important steps to curb paddy stubble burning and to arrest the increasing environmental pollution in NCR.

These key developments are discussed in detail below.

1. Judgments

1.1 Supreme Court holds that stubble burning violates fundamental rights of citizens under Article 21 of the Constitution; directs government to ensure proper implementation of environment protection laws

While dealing with a petition pertaining to the adequacy of actions taken by the states of Punjab and Haryana to implement the CAQM’s orders to arrest air pollution in NCR, the Supreme Court noted that stubble burning violates Article 21 of the Constitution of India and cannot merely be seen as a breach of law.¹

The Court criticised the two states for their inadequate measures to curb air pollution. The states were found to have significant gaps in the data included in their compliance reports along with insufficient enforcement measures, including lenient fines for violations. The Supreme Court also pulled up the central government for its failure in implementing an effective procedure to impose penalties under the Environment Protection Act, 1986, including appointment of adjudicating officers. The Court observed that the CAQM also did not fulfil its statutory duty of determining proper environmental compensation rates for violations.

The Court directed the CAQM to frame rules to prescribe appropriate compensation rates, and not rely merely on the formula set by the National Green Tribunal. A two-week deadline was provided to the central government to carry out necessary statutory amendments and provide compensation rates.

This decision, along with continued monitoring by the Supreme Court, is expected to lead to stricter enforcement of environmental protection laws in India.

2. Legislative Updates

2.1 Biological Diversity Rules, 2024 issued to monitor biological resources and associated knowledge

The MoEF&CC recently notified the Biological Diversity Rules, 2024 which will supersede the 2004 rules. These new rules, effective from 25 December 2024, aim to strengthen the monitoring and regulate the use of biological resources and associated knowledge. They are also a step towards creating uniformity in environmental legislations, especially with respect to enforcement mechanisms.

Importantly, the rules outline the functions of the National Biodiversity Authority, the procedures for accessing biological resources and associated knowledge, and the process for obtaining intellectual property rights. Further, in line with recent amendments across environmental legislations, these rules introduce a new regime for appointing adjudicating officers, conducting inquiries and determining penalties.

2.2 Ministry of Environment, Forest and Climate Change releases draft rules for liquid waste management

On 7 October 2024, the MoEF&CC released the Draft Liquid Waste Management Rules, 2024 to address the collection, minimisation, management, treatment, reuse/reutilisation, and discharge/disposal of liquid wastewater. The draft rules are slated to become effective from 1 October 2025.

With the introduction of these rules, India’s waste management regime is expected to become multi-faceted. Notably, liquid waste was not treated as a separate waste category till now and violations pertaining to its management were dealt with in terms of the Water (Prevention and Control of Pollution) Act, 1974. The implementation of the liquid waste management rules will also open avenues for reuse of treated wastewater and encourage innovation in the field.

Once effective, the rules will apply to a wide range of entities including urban and rural local bodies, public authorities and entities responsible for generation and management of wastewater in special areas like industrial zones, special economic zones, food parks, locations under Indian Railways (stations, tracks, adjacent lands), airports, ports, defence establishments, religious and historical sites, and domestic, commercial and institutional waste generators.

Besides providing a comprehensive framework for management of wastewater and faecal sludge as well as its treatment for reuse, the rules list out the responsibilities and obligations of the authorities and stakeholders. The rules also identify thermal power plants, pulp and paper industry, textile industry and iron and steel industry as obligated industries required to ensure that the minimum reuse targets for treated wastewater are met.

3. Other relevant developments

3.1 Guidelines for prevention and regulation of greenwashing and misleading environmental claims

On 15 October 2024, the CCPA issued guidelines for prevention and regulation of greenwashing and misleading environmental claims in furtherance to the guidelines for prevention of misleading advertisements and endorsements for misleading advertisements issued in 2022.²

These new guidelines define terms like ‘environmental claims‘ and ‘greenwashing‘ to ensure that underlying concepts are clearly and uniformly understood across industries and regulatory bodies to enable smooth implementation. The guidelines also obligate manufacturers and service providers to substantiate their environmental claims with credible evidence, such as by providing detailed information on the methodology and data used to support their claims and third-party certifications. In the same spirit, the use of vague terms such as ‘eco-friendly‘, ‘green‘ and ‘sustainable‘ without proper substantiation has been prohibited.

With these guidelines, consumers can expect more environment friendly production, manufacturing, packaging and consumption patterns to be introduced in all industries.

3.2 CAQM announces complaint mechanism/grievance redressal mechanism for citizens

The CAQM issued a directive to the member secretaries of the Central Pollution Control Board (CPCB), Delhi Pollution Control Committee, Haryana State Pollution Control Board, Rajasthan State Pollution Control Board and Uttar Pradesh Pollution Control Board to tag CAQM and the CPCB in any complaints received on their respective social media platforms.³

This directive will enable CAQM to closely monitor the effectiveness and response of the authorities in addressing complaints. This move is in compliance with an order of the Supreme Court directing such tagging and widespread publicising of grievance redressal mechanisms.⁴

3.3 Stage-II Graded Response Action Plan invoked across NCR from 8:00 AM on 22 October 2024 due to ‘Very Poor‘ air quality

The air quality in NCR deteriorated to ‘Very Poor‘ on 21 October 2024. In response, a sub-committee of the CAQM reviewed the situation and issued an order on the same date. Effective from 8:00 AM on 22 October 2024, 11 additional actions under Stage II of the revised Graded Response Action Plan (GRAP) were mandated across NCR. These actions are implemented in addition to existing Stage I measures.⁵

The Stage II actions include water sprinkling on roads to suppress dust, increased inspections at construction and demolition sites to ensure dust control measures are followed, discouraging the use of diesel generator sets and private transport, among others. The sub-committee also urged citizens to adhere to the Citizen Charter for better implementation of GRAP.

3.4 District Authorities in NCR, Punjab, Haryana, Rajasthan, and Uttar Pradesh empowered to file complaints against officials for inaction over paddy stubble burning

To curb the rampant air pollution and tackle the issue of stubble burning in several northern states,⁶ the CAQM has authorised the Deputy Commissioners, District Collectors, and District Magistrates in the affected areas to file a complaint/prosecution before the jurisdictional judicial magistrate against officials, such as nodal officers and supervisory officers at various levels and Station House Officers, for inaction in eliminating paddy stubble burning in their respective jurisdictions.⁷

The district administrations and the state governments have been called upon to maintain constant and strict vigil to prevent instances of paddy stubble burning. This directive by CAQM signifies a tougher stance on air pollution and holds local officials accountable for taking preventive action.

^[1] Order dated 23 October 2024 in W.P. (C) No. 13029/1985 titled M.C. Mehta v Union of India and Ors., available at Order issued by Supreme Court on 23-Oct-2024
^[2] https://consumeraffairs.nic.in/sites/default/files/file-uploads/latestnews/Greenwashing_Guidelines.pdf
^[3] Official Complaint Mechanism Letter (CAQM)
^[4] In M.C. Mehta v. Union of India and Ors., W.P. (C) No. 13029 of 1985
^[5] CAQM Update Document
^[6] Punjab, Haryana, NCR, and districts of Uttar Pradesh and Rajasthan.
^[7] CAQM official letter addressing policy guidelines and implementation details (PDF)

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