Supreme Court Ruling on Environmental Clearances
In January, the Supreme Court invalidated a 2017 Ministry of Environment notification and a 2021 office memorandum (OM) that allowed "ex-post facto" environmental clearances for projects that began without prior mandatory environmental clearances. This decision closes the door on any form of granting such clearances.
Background
- The 2017 notification was intended as a one-time amnesty but became routine with a 2021 Standard Operating Procedure (SOP) for handling violations.
- Earlier rulings in the Common Cause vs Union of India (2017) and Alembic Pharmaceuticals vs Rohit Prajapati (2020) declared ex-post facto clearances against environmental principles.
Ministry of Environment's Stand
- The Ministry argued there was no procedure for projects started without prior clearance, justifying the 2021 OM.
- The Ministry cited the Environment (Protection) Act, 1986 and the polluter pays principle, suggesting that regularising projects would prevent environmental damage from demolitions.
Supreme Court Observations
- The court observed that the 2017 notification appeared to protect violators of the EIA notification.
- It questioned the concept of development at the cost of the environment.
Impact of the 2017 Notification
- Over 100 projects were cleared under a "violation category" by the Ministry.
- Projects included coal, iron, and bauxite mines, a greenfield airport, distilleries, factories, cement plants, and more.
- Developers benefitting included Singareni Collieries, Mahanadi Coalfields, Jaypee Cement, UltraTech Cement, Bhushan Steel (Tata Steel), and others.
Expert Appraisal Committee (EAC) Activities
- The EAC met 46 times between June 2017 and June 2021.
- It recommended 112 projects, of which 55 received environmental clearances and the rest were issued terms of reference for environmental impact assessments.
Investigative Reporting by Jay Mazoomdaar
- Recognized for his work on offshore finance, natural resources management, and biodiversity conservation.
- Notable investigations include the extirpation of tigers in Sariska, Panama Papers, and dubious forest cover data in India.
