Draft EIA Notification 2020 Does Not Provide For Ex Post Facto Clearance To Violation Cases: Centre Tells Lok Sabha [Read Statement]
4 years, 3 months ago

Draft EIA Notification 2020 Does Not Provide For Ex Post Facto Clearance To Violation Cases: Centre Tells Lok Sabha [Read Statement]

Live Law  

The Draft EIA Notification 2020 does not provide for ex post facto clearance to violation cases, the Ministry for Environment, Forest and Climate Change stated in Lok Sabha today.Minister of State Babulal Suproyo was responding to the query made by MP Hibi Eden in this regard. He asked whether there is any provision for post facto clearance in the EIA 2020 draft notification. The Draft EIA Notification 2020 does not provide for ex post facto clearance to violation cases, the Ministry for Environment, Forest and Climate Change stated in Lok Sabha today. "Clause 22 of the draft EIA Notification 2020 clearly specifies that the project proponent is liable for action under Section 19 of the Environment Protection Act 1986 for the violations committed by it.

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History of this topic

SC clarifies on Jan. 2 order staying ex post facto environmental clearance
10 months, 3 weeks ago

SC clarifies on Jan. 2 order staying ex post facto environmental clearance

The Hindu  

The Supreme Court on Friday clarified that its order, which stayed government directives allowing retrospective environmental clearance to projects affecting critical ecology, will not affect competent authorities from considering applications seeking modification/alteration of schemes cleared prior to July 7, 2021. On Friday, several project proponents sought a clarification on whether the court’s stay would affect applications seeking modifications to projects …

Supreme Court stays MoEF's office memorandum on ex-post facto environmental clearance
11 months, 2 weeks ago

Supreme Court stays MoEF's office memorandum on ex-post facto environmental clearance

The Hindu  

The Supreme Court has imposed a stay on an office memorandum issued by the Ministry of Environment, Forest and Climate Change allowing former post facto environmental clearance which permits projects to carry out operations without getting environmental clearances. Senior advocate Gopal Sankaranarayanan, appearing for Vanashakti, submitted that environmental impact assessment mandates prior approval before the commencement of any activity and …

Grant Of Ex Post Facto Environmental Clearance Permissible In Exceptional Circumstances : Surpeme Court
2 years, 3 months ago

Grant Of Ex Post Facto Environmental Clearance Permissible In Exceptional Circumstances : Surpeme Court

Live Law  

The Supreme Court reiterated that the grant of ex post facto environmental clearance in exceptional cases is not impermissible.Ex post facto clearances and/or approvals cannot be declined with pedantic rigidity, regardless of the consequences of stopping the operations, the bench of Justices Indira Banerjee and JK Maheshwari observed.In this case, the National Green Tribunal Act 2010 had. Ex post facto …

Ensure clarity on green nods
2 years, 6 months ago

Ensure clarity on green nods

Hindustan Times  

When the government introduced the draft environmental impact assessment notification two years ago, it triggered a storm, with protests by activists, environmental researchers, ecologists and conservationists, and eventually, the notification lapsed. But last week, this newspaper reported that the Union environment ministry used draft notifications, office memorandums, and orders to implement many of the controversial clauses in the draft EIA …

Centre Amends EIA 2006 Notification to Extend Validity Of Prior Environmental Clearance Expiring In Financial Year 2020-21
4 years ago

Centre Amends EIA 2006 Notification to Extend Validity Of Prior Environmental Clearance Expiring In Financial Year 2020-21

Live Law  

Taking into account the outbreak of Covid-19, the Ministry of Environment, Forests and Climate Change has amended the 2006 Environment Impact Assessment notification extending validity of prior environmental clearances expiring in Financial Year 2020-2021.The validity of prior environmental clearances granted whose validity is expiring in the Financial Year 2020-2021 shall deemed to be. Taking into account the outbreak of Covid-19, …

EIA 2020 Doesn't Preclude People From Reporting Environmental Violations; Expert Committee Constituted To Review Suggestions: Central Govt Tells Lok Sabha [Read Statements]
4 years, 3 months ago

EIA 2020 Doesn't Preclude People From Reporting Environmental Violations; Expert Committee Constituted To Review Suggestions: Central Govt Tells Lok Sabha [Read Statements]

Live Law  

The Central Government has claimed that the Draft EIA Notification, 2020 does not deprive the citizens of their right to report environmental violations. When asked whether the Government proposes to exempt the general public from reporting environmental violations to the concerned authorities under the new draft, the Ministry of Environment, Forest and Climate Change informed the Lok Sabha in a …

[Breaking] Draft EIA 2020: Karnataka HC Extends Stay On Publication Of Final Notification Until Further Orders
4 years, 3 months ago

[Breaking] Draft EIA 2020: Karnataka HC Extends Stay On Publication Of Final Notification Until Further Orders

Live Law  

The Karnataka High Court on Monday extended the stay on the publication of the Final Notification based on the Draft Environment Impact Assessment notification 2020 by the Union Ministry of Environment, Forests and Climate Change until further orders.A division bench headed by Cheif Justice Abhay S Oka extended the interim order passed on August 5, after the Centre did not …

500 Academicians, Scientists Write to Environment Ministry for Withdrawal of Draft EIA Notification
4 years, 3 months ago

500 Academicians, Scientists Write to Environment Ministry for Withdrawal of Draft EIA Notification

News 18  

As many as 500 academicians, scientists and researchers from various educational institutes across the country have urged the environment ministry to withdraw the controversial draft EIA notification and strengthen the existing EIA 2006 notification with a new proposal. In yet another letter, the signatories from 130 institutions have listed their concerns regarding the draft Environment Impact Assessment notification, which has …

EIA: A body blow to the environment
4 years, 3 months ago

EIA: A body blow to the environment

The Hindu  

T he doctrine of public trust implies that the state is a trustee of natural resources like air, water and forest. Legilitimising illegality Jairam Ramesh, former Environment Minister and Chairman of the Standing Committee on Science & Technology, Environment, Forests and Climate Change, wrote a letter to Javadekar noting his “strongest objections” to the draft notification. He said the post …

Former Environment Minister Jairam Ramesh Writes to Javadekar, Says Draft EIA Notification Flawed
4 years, 4 months ago

Former Environment Minister Jairam Ramesh Writes to Javadekar, Says Draft EIA Notification Flawed

News 18  

Congress leader Jairam Ramesh has accused Environment Minister Prakash Javadekar of "misrepresenting" the implications of the Draft EIA Notification on the country's environmental regulatory framework and its impact on environment. Ramesh, a former environment minister, said the Standing Committee met on August 7 and was apprised by officials on the Draft EIA Notification 2020. "I am compelled to say that …

EIA Draft Notification 2020: Of Licensing The Damage And Silencing The Voices
4 years, 4 months ago

EIA Draft Notification 2020: Of Licensing The Damage And Silencing The Voices

Live Law  

The EIA Draft Notification, 2020 begins with tall claims of making the process of Environment Impact Assessment "more transparent and expedient", but the measures it propounds in the following pages make it abundantly clear that expediency is being prioritized at the cost of transparency. As per Clause 10, there are six stages for grant of Environmental Clearance process for projects …

Draft EIA Notification: After Centre's Flip-Flop, Karnataka HC Restrains Govt from Finalising Draft Until Sept 7
4 years, 4 months ago

Draft EIA Notification: After Centre's Flip-Flop, Karnataka HC Restrains Govt from Finalising Draft Until Sept 7

News 18  

In an interim relief, the Karnataka High Court on Wednesday directed the central government to not finalise the Draft Environment Impact Assessment notification 2020 till September 7. The Centre, during the hearing on July 16, had told the HC that it had asked State Environment Impact Assessment authorities to give publicity to the notification in local languages. “This stand has …

[Breaking] Draft EIA Notification 2020: Karnataka HC Restrains Centre From Publishing Final Notification Till Sep 7
4 years, 4 months ago

[Breaking] Draft EIA Notification 2020: Karnataka HC Restrains Centre From Publishing Final Notification Till Sep 7

Live Law  

The Karnataka High Court on Wednesday restrained the Union Ministry of Environment, Forests and Climate Change from publishing the Final Notification based on the Draft Environment Impact Assessment notification 2020, till September 7. A division bench of Chief Justice Abhay Oka and Justice Ashok S Kinagi took into account the fact that the draft the notification has been published on …

The Hindu Explains | What are the key changes in the Environment Impact Assessment Notification 2020?
4 years, 4 months ago

The Hindu Explains | What are the key changes in the Environment Impact Assessment Notification 2020?

The Hindu  

The story so far: The Ministry of Environment, Forest and Climate Change has published the draft Environment Impact Assessment Notification 2020, with the intention of replacing the existing EIA Notification, 2006 under the Environment Act, 1986. The projects under this category include offshore and onshore oil, gas and shale exploration, hydroelectric projects up to 25 MW, irrigation projects between 2,000 …

Jairam Ramesh Hits Back at Prakash Javadekar Over Draft EIA, Says His Suggestions Based on Facts
4 years, 4 months ago

Jairam Ramesh Hits Back at Prakash Javadekar Over Draft EIA, Says His Suggestions Based on Facts

News 18  

Senior Congress leader Jairam Ramesh Monday hit back at Environment Minister Prakash Javadekar for calling his suggestions on the draft Environmental Impact Assessment notification "unfounded" and based on "misinterpretation". Ramesh, a former environment minister himself, had written a letter to Javadekar on July 25, saying that the draft EIA notification promotes land grab, attacks cooperative federalism and reduces public participation …

Draft Environment Impact Assessment (EIA) Notification ignores health and welfare aspect of the people: Jairam Ramesh
4 years, 4 months ago

Draft Environment Impact Assessment (EIA) Notification ignores health and welfare aspect of the people: Jairam Ramesh

The Hindu  

Congress leader Jairam Ramesh on Saturday sent in his strong objections to the draft Environment Impact Assessment Notification 2020 to Union Environment Minister Prakash Javadekar and said the proposed changes display a mindset that “environmental regulations are unnecessary regulatory burden”. The former Environment Minister, who now heads the Parliamentary Committee on Science & Technology, Environment, Forest and Climate Change, said …

Draft EIA Notification 2020 : Karnataka HC Asks Centre To Consider Extending Time For Submitting Objections
4 years, 5 months ago

Draft EIA Notification 2020 : Karnataka HC Asks Centre To Consider Extending Time For Submitting Objections

Live Law  

The Karnataka High Court on Thursday directed the Union Government to consider extending the time for submitting suggestions and objections to the draft Environment Impact Assessment notification issued on March 23. A division bench of Chief Justice Abhay Oka and Justice M Nagaprasanna said "We are making it very clear that if we are not satisfied that adequate publicity is …

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