The Supreme Court recently ruled that ex post facto Environmental Clearances (EC) are acceptable. This verdict was a response to the claim that a biomedical treatment facility was established and operational without an EC. Concerns have been raised over potential environmental degradation as a result of such actions.
Ex post facto environmental clearance refers to the approval given to projects or industries that started their operations without obtaining green clearance, which assesses potential environmental impacts. The Environment (Protection) Act, 1986 does not outrightly reject the provision of ex post facto environmental clearance. However, the Act specifies that such clearances should not be conducted routinely but in exceptional cases considering all relevant environmental factors.
Concerns Regarding Post-Facto Environmental Clearances
The effectiveness of Environment Impact Assessment (EIA) diminishes when post facto assessments are conducted since irreversible ecological damage might have already occurred due to project operations. The United Nations’ Food and Agriculture Organisation (FAO) states that the aim of EIA is to highlight environmental consequences to decision makers, regulatory bodies and the public to prevent environmental deterioration and economic losses caused by negative side effects.
Post facto clearances encourage industries to begin operations without prior clearance, hoping to get regularised by paying penalties later. This trend could result in widespread violations and irreversible damage to the environment.
Delving into the Environment Impact Assessment (EIA)
An EIA is a study that predicts the environmental effects of any proposed activity or project. It is mandated under the Environment Protection Act, 1986 for certain kinds of projects.
The process involves screening based on scales of investment, type of development, and location of the proposed project to determine if it requires environmental clearance. The initial planning (Scoping) process includes detailing the Terms of Reference (ToR), which are the central issues in developing a project. Predicting impacts involves outlining the environmental outcomes of the key aspects of a project and its alternatives. After completion of the EIA report, it is mandatory to inform and consult the public on the proposed developments.
Understanding the Environmental Clearance Process
The EIA report serves as the groundwork for obtaining an Environment Clearance (EC) for a project. A ‘Public Hearing’ is conducted before issuing the ‘Consent to Establish (NOC)’ by state regulators, where concerns of people residing in the proposed project area are addressed.
Application forms with the EIA report, details of public hearing and NOC are submitted either to the Ministry of Environment, Forests and Climate Change (MoEFCC), if the project falls under the category A, or to the state government, if the project falls under category B. Category A projects mandatorily require EC and do not undergo the screening process. Category B projects undergo a screening process and are subdivided into B1 and B2 types. B1 projects require EIA, while B2 projects do not require EIA.
The documentation is then reviewed by the Expert Appraisal Committee (EAC) under the Ministry. The recommendations made by this committee are processed in the MoEFCC for final approval or rejection.
This detailed understanding of environmental clearances and assessments serves as a tool to comprehend the complexities involved in balancing development and environmental protection. It also puts a spotlight on the moral and ecological implications of decisions that affect our environment and future.