Independent Environment Regulator

In News

The Supreme Court asked the government to explain why it had not set up an “independent environment regulator” to oversee green clearances.

Background

• The Apex court had ordered the setting up of a national environment regulatory body to ensure independent oversight of green clearances way back in July 2011 in Lafarge Umiam Mining Private Limited v. Union of India, commonly known as the ‘Lafarge mining case’.
• In 2011, the court had asked the Centre to appoint a national regulator for appraising projects, enforcing environmental conditions for approvals and to impose penalties on polluters.
• The court had made it clear that till such mechanism was put in place, the Environment Ministry (MoEF) “should prepare a panel of accredited institutions from which alone the project proponent should obtain the Rapid Environmental Impact Assessment (EIA) and, that too, on the Terms of Reference to be formulated by the MoEF”.

Why an independent environment regulator?

• The regulator will be set up under the Environment (Protection) Act, 1986, with offices in as many states as possible.
• The green bench of the SupremeCourt has been dealing with forest-related issues for almost two decades.
• The bench has experienced major problems with the way environment and forest clearances are granted.
• The draft EIA, 2020 clearly lacks a thinking from a regulatory governance perspective.
• An independent regulator should be allowed to choose the consultant to prepare the EIA report and be empowered to ensure that quality parameters are strictly adhered to by the former.
• The draft EIA, 2020 notification retains the EAC at the central level and the State Level Environment Impact Assessment Authority and appraisal committee. But the need for an independent regulator is not addressed.

Functions

• Carry out independent, objective and transparent appraisal and approval of projects for environmental clearances.
• Monitor the implementation of the conditions laid down in the clearances and impose penalties on polluters.
• The regulator will ensure the National Forest Policy, 1988 is duly implemented.