Environment Law Monthly Updates – October 2025

In early October, the MoEF&CC issued draft amendments to the EIA Notification, proposing to exempt CETPs and CMSWMFs from the requirement of obtaining prior EC.¹ The amendments seek to delete Items 7(h) and 7(i) of the EIA Notification, titled “Common Effluent Treatment Plants” and “Common Municipal Solid Waste Management Facility,” respectively.

The proposal is based on a review by the sectoral Expert Appraisal Committee and the central government’s Expert Advisory Committee. The committees concluded that existing regulatory oversight and compliance mechanisms for CETPs and CMSWMFs, together with environmental safeguards enforced by the relevant State Pollution Control Boards (SPCB) and Pollution Control Committees (PCC), provide adequate protection justifying the exemption.

Stakeholders may submit their comments on the proposed amendments in writing to the Secretary, MoEF&CC² or through email to diriapolicy-moefcc@gov.in

The MoEF&CC has notified 1 October 2025 as the enforcement date for Rule 15(1) of the Forest Conservation Rules, 2023.³ This rule empowers the central government to appoint, through a gazette notification, officers of the rank of Divisional Forest Officer or Deputy Conservator of Forests or higher in State or Union Territory administrations, and Assistant Inspector General of Forests or higher in Regional Office of the central government, to initiate proceedings or file complaints against any person, authority or organisation found prima facie guilty of an offence under the Forest Conservation Act or for violations of the rules made under it, in relation to forest land falling within their jurisdiction.

On 8 October 2025, the MoEF&CC notified the Greenhouse Gases Emission Intensity Target Rules, 2025, prescribing emission intensity targets for obligated entities under the Carbon Credit Scheme.⁴ The schedule to these rules specifies sector-wise targets for compliance years 2025-26 and 2026-27 based on the product output of the obligated entities.

Under Rule 4, obligated entities must meet the prescribed targets within the respective compliance year, in accordance with the schedule, and under paragraph 11, and the detailed procedure of the Carbon Credit Scheme. Rule 5 sets out the process for issuance of carbon credit certificates, including determining the number of certificates an obligated entity must purchase to address any shortfall in compliance under the Carbon Credit Scheme. As per Rule 6, entities that fail to meet their obligations under Rule 4 will be liable to pay environmental compensation for the shortfall.

To standardise the design and functionality of air pollution control devices, the CPCB has issued a notice inviting empanelment of OEMs with the National Productivity Council (NPC).⁵ OEMs may register and empanel themselves on the NPC website.⁶

On 1 October 2025, the PPCB partially modified its earlier instructions of 19 June 2018 restraining all ‘trade-effluent-generating’ industries falling within the ‘Red’ category from installing a rainwater harvesting or recharge system on their premises.⁷

Industries are now permitted to construct rooftop rainwater storage tanks for the collection and reuse of water within their premises. However, groundwater recharge remains prohibited for all trade-effluent generating industries, irrespective of category, and existing recharge structures must be converted into storage-only systems for internal use of rainwater.

On 4 October 2025, the Department of Environment, Science, Technology and Climate Change of the Himachal Pradesh government allowed temporary use of Petcoke with sulphur content up to 7.5% (dry basis, by weight) in industries as feedstock and fuel.⁸ The relaxation addresses concerns from industrial associations, cement industries, and oil refineries regarding availability of compliant Petcoke (with not more than 7% sulphur content) and limited gas pipeline coverage for fuel.

The relaxation will continue till compliant Petcoke or gas pipeline become available and is subject to several conditions, including the implementation of advanced pollution control systems like flue gas desulphurisation (FGD) units, alkaline wet scrubbers, electrostatic precipitators (ESP) or bag filters, and installation of Continuous Emission Monitoring Systems in all medium and large-scale units, with connectivity to the Himachal Pradesh State Pollution Control Board.

On 13 October 2025, the OSPCB issued the ‘Standard Operating Procedure (SOP) for Reclamation of Low Lying Areas by Filling with Ash – October 2025’, following an earlier MoEF&CC notification on fly ash utilisation from coal and lignite-based thermal power plants.⁹

The SOP must be followed along with CPCB’s ‘Guidelines for disposal/utilisation of Fly Ash for reclamation of Low Lying Areas and in stowing of abandoned mines/quarries.’ It prescribes criteria for site selection, and applicable compliance procedure, infrastructure requirements, and monitoring and reporting protocols for safe use of ash generated by thermal power plants in reclamation projects.

On 17 October 2025, the MPCB issued ‘The Guidelines for Ready Mix Concrete (RMC) Plants for siting criteria in the State of Maharashtra’, superseding earlier guidelines dated 7 November 2016 and 27 November 2024 with immediate effect.¹⁰ The update follows concerns over severe air quality deterioration in the State.

The guidelines apply to all RMC plants falling within the ‘Orange’ category of MPCB’s industrial classification and cover both commercial and captive plants. They prescribe siting parameters for project sites involved in the supply of RMC and mandate pollution control measures, including:

The guidelines further provide conditions to be included within consents issued by MPCB to occupiers of RMC plants.

To reduce compliance burden on industries, the Government of India constituted a task force (Task Force) and a deregulation cell in the cabinet secretariat to deregulate, digitise and streamline environmental approvals in all States and Union Territories. Following a review in Haryana on 11 May 2025, the Task Force recommended reforms, to be implemented by the HSPCB, including:

On 7 October 2025, a three-judge bench of the Supreme Court dismissed an appeal against the Bombay High Court’s judgment and order dated 30 November 2023 in a public interest litigation filed by the Swachh Organisation.¹³

The Bombay High Court had declined the organisation’s plea to declare the musical fountain, associated machinery, and a viewing gallery installed at the man-made Futala lake illegal and refused to order their removal. The petitioner organisation had argued that Futala lake qualified as a ‘wetland’ under Rule 2(1)(g) of the Wetlands (Conservation and Management) Rules, 2017, making the restrictions under Rule 4(2) applicable.

The Supreme Court noted that the project had obtained the required regulatory approvals and undertaken compensatory afforestation. It held that Futala lake, being an artificial water body created for irrigation purposes, does not fall within the statutory definition of a ‘wetland’, and therefore Rule 4(2) would not apply in the strict sense.

However, while upholding the High Court’s decision, the Supreme Court clarified that the restrictions and rigours of Rule 4 must be adhered to in recognition of the precautionary principle and the public trust doctrine, even if a waterbody or wetland is not covered within the statutory meaning prescribed in Rule 2(1)(g). Accordingly, it was held that all eco-friendly man-made or artificial bodies created from natural resources, which contribute to the environment, are subject to the doctrine of public trust.

Taking note of the substantial reduction in emissions due to the introduction of ‘green crackers’, and following pleas made by the central government, the government of the National Capital Territory of Delhi, and stakeholders in the fireworks industry, the Supreme Court on 15 October 2025, permitted the sale of green crackers. Details have been uploaded on the National Environment Engineering Research Institute (NEERI) website. This is allowed only from designated locations in the NCR and only between 18 and 20 October 2025.¹⁴

The Court imposed strict controls on the inflow of firecrackers from outside NCR into the region. The Court also prohibited the use of firecrackers containing barium, and/or those not approved by the NEERI as a green cracker. The decision was taken with a view to balance the need to protect the environment, with the right to livelihood of workers involved in the firecracker industry, and sentiments of citizens during the festive period.

On 16 October 2025, the Central Zone Bench of the NGT delivered a judgment addressing the severe environmental damage caused to the Chambal river due to the discharge of untreated effluents, industrial and domestic wastes, unregulated sand mining, and excessive fishing.¹⁵

Invoking the doctrine of public trust, the Tribunal issued the following key directions:

The NGT heard an application seeking directions to prevent non-occupational exposure to asbestos in schools and to phase out asbestos-cement roofing.¹⁶ The applicant relied on Kerala’s 2019 ban on the use of asbestos roofing in schools to advance public health and safety. The Tribunal rejected objections on the maintainability of the application, holding that it has a broad mandate to address environmental risks, even where matters overlap with policy.

The NGT considered the serious health risks caused by the use of and exposure to asbestos and asbestos-based materials, and noted its direct causal link to cancer.

While asbestos mining has been banned since 1996, its import and use are not prohibited, but merely regulated through emission standards and concentration limits, safety guidelines, and the requirement of obtaining prior EC for asbestos-based manufacturing (Item 4(c) of the Schedule to the EIA Notification).

Although it declined to order a blanket ban, the Tribunal issued the following directions to minimise exposure: