Abstract
Abstract Environment Impact Assessment (EIA) is a systematic process to identify, predict, and evaluate the environmental effects of proposed actions and projects. Generally, an EIA is conducted before deciding to proceed with a specific project or activity. In India, the adoption of the Draft EIA Notification 2020 by the Ministry of Environment, Forest and Climate Change has triggered several debates over its problematic implications. The Draft EIA Notification normalizes ex post facto clearance, which allows construction or operation of the project without a prior environmental clearance. It has significantly curtailed the scope of public consultation and participation by the introduction of a large number of exemptions for projects. Further, it is silent over the project’s transboundary impacts and exempts projects within 100 km of the border areas from public consultation. Thus, the Draft EIA Notification violates the environmental law principles provided under domestic and international laws by restricting adequate scrutiny of projects. The article critically evaluates the three significant dilutions that have threatened the effectiveness of the Draft EIA Notification including ex post facto clearance, public consultation, and the exemption granted to transboundary projects, and emphasizes its need for reconsideration before the publication of the final Notification.
Highlights
On 23 March 2020, the Indian Ministry of Environment, Forest, and Climate Change issued Draft Environmental Impact Assessment Notification, 2020, which is intended to replace the existing Environment Impact Assessment (EIA) Notification, 2006
This article has sought to examine the salient legal architecture of the Draft EIA Notification issued by the Ministry on 23 March 2020 and that has resulted in national outcry
It has been shown that many of its provisions represent a dilution of an already problematic EIA system in India, a system plagued by accountability gaps, a lack of transparency in the environmental clearance process and poor quality opportunities for public participation
Summary
On 23 March 2020, the Indian Ministry of Environment, Forest, and Climate Change (hereinafter ‘the Ministry’) issued Draft Environmental Impact Assessment Notification, 2020 (hereinafter the ‘Draft EIA Notification’), which is intended to replace the existing EIA Notification, 2006. There are some positives to the Draft EIA Notification It proposes the formation of a Technical Expert Committee to undertake categorization or recategorization of projects on scientific principles.[49] This is a modification from the current position of the categorization of the projects which is undertaken on the basis of the ‘spatial extent of potential impacts on human health and natural and man-made resources.’[50] Second, it reduces the period for the final decision concerning grant or rejection of EC or EP to ninety days of submitting the final application and supporting documents from one hundred and five days.[51] Third, it incorporates the provision for an appeal against the grant of EC or EP to the National Green Tribunal within thirty days of the decision of the regulating authority.[52] This should be viewed as a positive step against the possible arbitrary decision-making process of the regulatory authority. Clause 5(7) of the Draft EIA Notification states that no information relating to the projects involving strategic considerations shall be placed in the public domain.[55]
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