A dismantling of the base of environmental regulation, Pg8

Key Highlights:

• On November 18, 2025, the Supreme Court recalled its earlier judgment against ex post facto Environmental Clearances (ECs) in CREDAI vs Vanashakti.
• The initial judgment was considered a landmark, enforcing environmental discipline, but the review now allows retrospective ECs in certain cases.
• The Court's decision, with a dissent from Justice Ujjal Bhuyan, argues that denying retrospective clearances could harm public interest by halting projects.
• Critics argue this decision weakens environmental regulation by rewarding non-compliance and undermining the Environmental Impact Assessment (EIA) process.

Detailed Insights:

• The Supreme Court has historically emphasized the right to a clean environment under Article 21 of the Constitution, citing the precautionary principle and intergenerational equity.
• The current ruling contradicts previous judgments, including Common Cause vs Union of India (2017), which deemed retrospective clearances detrimental to the environment.
• The Environment Impact Assessment (Notification) of 2006, mandating prior ECs, was weakened by notifications in 2017 and 2021 allowing retrospective clearances with penalties.
• The dissenting opinion highlights that replacing prior scrutiny with leniency dismantles environmental safeguards and incentivizes non-compliance.
• The review judgment raises concerns about weakening the EIA process, treating compliance as voluntary, and diluting accountability during climate change and ecological fragility.

Key Concepts Involved:

• Ex Post Facto Environmental Clearances (ECs): Approvals granted to projects after they have already commenced or been completed.
• Precautionary Principle: The principle that preventive measures should be taken even when scientific evidence about an environmental risk is uncertain.
• Intergenerational Equity: The concept that future generations should not be disadvantaged by the actions of current generations.
• Environment Impact Assessment (EIA): A process of evaluating the likely environmental impacts of a proposed project or development, taking into account inter-related socio-economic, cultural and human-health impacts, both beneficial and adverse.