Environmental Law: One Day Revision

🌿 1-DAY ENVIRONMENTAL LAW STUDY GUIDE (MBL EXAM 2025)

🧠 80/20 Strategy: Focus Area Table

Topic Area Priority Expected Key Components

Weight
Doctrines & Principles ✅ High 20–30 PPP, Precautionary,
marks Absolute Liability, PTD
Constitution & ✅ High 15–20 Art 21, 32, 48A, 51A(g),
Environment marks landmark PILs
Statutes: EPA, Water, ✅ High 15–20 Key sections, scope,
Air Acts marks penalties
Judicial Activism & Case ✅ High 15–20 MC Mehta series, Vellore,
Laws marks Ratlam, Almitra
International 🔶 10–15 Stockholm, Rio, Paris
Environmental Law Medium marks Agreement, CBDR
Environmental Rule of 🔶 10 marks UNEP principles,
Law (EROL) Medium governance vs rule of law
Waste Management / 🔶 5–10 marks Almitra Patel case, rules of
Solid Waste Medium 2000 & 2016
Approaches to ⚪ Low 3–5 marks Eco-, Anthropo-,
Environmental Ethics Theocentric distinctions

📚 DOCTRINES – TABLE FOR QUICK REVISION

Doctrine Meaning Leading Case Law

Precautionary Prevent harm even if no full Vellore Citizens Welfare
Principle scientific certainty Forum v. UOI (1996)
Polluter Pays Polluter must compensate Indian Council for
Principle Enviro-Legal Action
(1996)
Absolute LiabilityNo exceptions; hazardous MC Mehta v. UOI (1987,
activity = strict compensation Oleum Gas Leak)
Public Trust State is trustee of common MC Mehta v. Kamal Nath
Doctrine resources (1997)
Sustainable Balance current needs with Brundtland Report,
Development future generations Doon Valley case
Intergenerational Present generations owe State of HP v. Ganesh
Equity duties to future generations Wood Products

⚖️KEY CASE DIGEST (FACTS–ISSUE–PRINCIPLE–DECISION)

1. MC Mehta v. Union of India (1987) – Oleum Gas Leak
 Facts: Oleum gas leaked from Shriram Industries, causing deaths and
injury.
 Issue: Can a hazardous industry escape liability without negligence?
 Principle: Introduced absolute liability.
  Decision: Enterprise held strictly liable even without fault.
2. Indian Council for Enviro-Legal Action v. UOI (1996)
 Facts: Chemical industries dumped toxic sludge in Bichhri, Rajasthan.
 Issue: Is compensation due even if industries claim due diligence?
 Principle: Polluter Pays upheld.
 Decision: Court imposed cleanup costs; liability was absolute.
3. Vellore Citizens Welfare Forum v. UOI (1996)
 Facts: Tanneries polluted water in Tamil Nadu.
 Issue: Can industries pollute in name of economic activity?
 Principle: Precautionary Principle, PPP, Sustainable Development.
 Decision: Ordered treatment plants, balanced development vs
environment.
4. MC Mehta v. Kamal Nath (1997)
 Facts: Encroachment on riverbank by private resort linked to minister.
 Issue: Is the State accountable under public trust doctrine?
 Principle: Public Trust Doctrine.
 Decision: Lease cancelled, SC affirmed nature held in trust by the State.
5. Ratlam Municipality Case (1980)
 Facts: Open drains and sewage issues led to health risks.
 Issue: Can a municipality escape on funds shortage?
 Principle: Duty of municipality to maintain sanitation.
 Decision: Court directed immediate compliance.

🧩 MNEMONICS & MEMORY TRIGGERS

 S-P-A-P-P: 5 Doctrines
→ Sustainable Development – Precautionary – Absolute Liability – PPP –
Public Trust
 MC Mehta Trilogy:
→ 1987 – Oleum Leak (Absolute Liability)
→ 1996 – TTZ Case (Taj Mahal)
→ 1997 – River Beas Resort (Public Trust Doctrine)
 AIR-WATER-EPA Statutes → W-A-E
o Water Act – 1974

o Air Act – 1981

 o Environment Protection Act – 1986

📜 CONSTITUTIONAL MANDATES

Article Provision
Art 21 Right to life includes clean
environment
Art 32 PIL for environmental issues
Art 48A State shall protect environment
Art Fundamental duty of citizens to protect
51A(g) nature
Art Equitable distribution of resources
39(b)

🌍 INTERNATIONAL MILESTONES – QUICK SHEET

Event Yea Contribution

r
Stockholm 197 First global environment summit, UNEP
Conference 2 created
Brundtland Report 198 Defined Sustainable Development
7
Rio Summit 199 Agenda 21, Rio Declaration, CBD
2
Kyoto Protocol 199 GHG emission targets
7
Paris Agreement 201 <2°C warming target, NDCs
5
SDGs 201 17 goals incl. climate, biodiversity
5

🌿 DOCTRINES & PRINCIPLES IN ENVIRONMENTAL LAW (EXPLAINED

SIMPLY)
These doctrines are like the basic rules or guiding ideas used by courts
to protect the environment and ensure justice.
We’ll cover:
1. Polluter Pays Principle (PPP)
2. Precautionary Principle
3. Absolute Liability
4. Public Trust Doctrine (PTD)

1. 📌 POLLUTER PAYS PRINCIPLE (PPP)

🔍 What is it?
If you cause pollution, you must pay for the damage — not just to
people, but also to the environment (like rivers, soil, animals, forests).
This principle says: "You pollute, you pay."

🧪 Real-World Example:
Imagine a factory dumps poisonous chemicals into a river. Fish die,
water becomes unsafe to drink, and farmers can’t use it. The PPP says
the factory must pay to clean the river and compensate the people.

Key Case:
Indian Council for Enviro-Legal Action v. Union of India (1996)
Facts:
In a village called Bichhri (Rajasthan), factories were making dyes and
dumping toxic waste on the ground and in ponds.
Issue:
Can the polluting industries be made to pay for cleanup?
Court Decision:
Yes. The Supreme Court said the industries must pay for cleaning up
the environment. It used the Polluter Pays Principle and made it a legal
rule.

Other Important Case:

Vellore Citizens Welfare Forum v. Union of India (1996)
 Tanneries in Tamil Nadu were releasing untreated chemicals into
water.
 The Court said the industries must set up treatment plants or
shut down.
 It said PPP is a part of Indian law now.

2. 📌 PRECAUTIONARY PRINCIPLE
🔍 What is it?
If an activity might harm the environment, even if we are not 100%
sure, we should stop it or take safety steps.
This is like “better safe than sorry”.

🧪 Real-World Example:
Suppose someone wants to build a chemical plant near a forest. We’re
not sure whether it will harm birds and plants. But according to the
Precautionary Principle, the government should say: “Let’s wait or put
strict conditions,” even if there’s no proof yet.

Key Case:
Vellore Citizens Welfare Forum v. Union of India (1996)
Facts:
Tanneries were polluting drinking water sources and farms.
Court Decision:
The Court said that when there's a risk of serious damage, even without
full proof, we must take action. This became law in India.

Another Case:
A.P. Pollution Control Board v. Prof. M.V. Nayudu (2001)
 The Court said that environmental decisions should be made
carefully and scientifically, keeping Precautionary Principle in
mind.
 Courts must be cautious and protective.

3. 📌 ABSOLUTE LIABILITY
🔍 What is it?
If you run a dangerous business (like chemicals, explosives), and
something goes wrong, you are fully responsible — even if it was an
accident or not your fault.
No excuses. No “I didn’t mean to.”

🧪 Real-World Example:
If a gas leaks from a factory and harms people, the factory must pay
damages — even if it had the best safety measures. That is absolute
liability.

Landmark Case:
MC Mehta v. Union of India (Oleum Gas Leak Case), AIR 1987 SC 965
Facts:
In 1985, Shri Ram Fertilizer factory in Delhi leaked poisonous oleum
gas.
One person died and many were affected.
Court Decision:
The Court created a new rule:
 If you do dangerous work and cause harm, you must pay — no
matter what.
 This is stronger than the old “strict liability” rule from England
(which had exceptions).
This became the “Absolute Liability Principle”.

4. 📌 PUBLIC TRUST DOCTRINE (PTD)

🔍 What is it?
Nature’s resources — like rivers, forests, lakes, air — belong to
everyone, not to the government or private people.
The government is like a trustee, not an owner. It must protect these
resources for public use and future generations.

🧪 Real-World Example:
If the government gives a lake to a hotel for private use, that’s wrong.
That lake belongs to the public.

Landmark Case:
MC Mehta v. Kamal Nath (1997) 1 SCC 388
Facts:
A private company owned by the family of a minister (Kamal Nath) was
allowed to build a resort on forest land next to the Beas River. They
even changed the flow of the river!
Issue:
Can the government give public natural resources to private use?
Court Decision:
No.
The Public Trust Doctrine means the government holds natural
resources in trust for all citizens. It cannot give them away for private
gain.

🧾 Summary Table – Easy Recap

Doctrine Meaning Key Case(s)

Polluter Polluter must bear full Indian Council case (1996),
 Pays cost of damage Vellore (1996)
Precautionar Prevent harm even Vellore (1996), Nayudu
y without full proof (2001)
Absolute Dangerous activity = full MC Mehta (Oleum Gas,
Liability responsibility 1987)
Public Trust Natural resources are for MC Mehta v. Kamal Nath
public use (1997)

CONSTITUTION & ENVIRONMENT — EXPLAINED SIMPLY

India's Constitution doesn’t have a separate “Environment Chapter.” But through
judicial interpretation and some key Articles, it now provides strong
protection for the environment.
We’ll cover:
1. Article 21 – Right to Life
2. Article 32 – Right to Constitutional Remedy
3. Article 48A – Duty of the State (Directive Principle)
4. Article 51A(g) – Duty of Citizens
5. Landmark PIL Cases that made environment a part of fundamental
rights

1. 📜 ARTICLE 21 – RIGHT TO LIFE

“No person shall be deprived of his life or personal liberty except according to
procedure established by law.”
✅ What it means for the environment:
 The Supreme Court has said: “Life” doesn't just mean living and
breathing.
 It means living with dignity, with clean air, safe water, and a healthy
environment.

🧪 Example:
If a factory pollutes a river and people fall sick, it’s not just a health issue — it’s a
violation of their right to life under Article 21.

Key Case:
Subhash Kumar v. State of Bihar (1991)
 A coal company polluted the Bokaro River with waste (sludge).
 A PIL was filed saying people had no clean water to drink.
What the Court said:
 The right to life includes the right to clean water and air.
 The pollution violated Article 21.
This case made environmental protection a fundamental right.

2. 📜 ARTICLE 32 – RIGHT TO REMEDY (PILs)

Article 32 lets you directly approach the Supreme Court if your fundamental
rights are violated.
This is the reason why PILs (Public Interest Litigations) can be filed in the
Supreme Court for environmental issues.

🧪 Example:
If people living near a chemical plant are getting sick, any person — even
someone not affected — can file a PIL under Article 32 to protect the health of
the public and environment.

✅ Why it’s powerful:

 You don’t need to be the victim yourself.
 Social workers, NGOs, even journalists can file PILs to protect nature and
people.

3. 📜 ARTICLE 48A – DUTY OF THE STATE

“The State shall endeavour to protect and improve the environment and to
safeguard the forests and wildlife of the country.”
This is a Directive Principle of State Policy (DPSP) — not directly
enforceable in court, but a moral duty of the government.

🧪 Example:
 This Article guides the government to make laws, run clean-up
campaigns, plant trees, and protect wildlife reserves.
 Even though not a fundamental right, courts use it along with Article 21 to
make the government act.

4. 📜 ARTICLE 51A(g) – DUTY OF CITIZENS

“It shall be the duty of every citizen of India to protect and improve the natural
environment including forests, lakes, rivers, and wildlife, and to have compassion
for living creatures.”
This is a Fundamental Duty. It tells us that we all must care for nature — not
just the government.

🧪 Example:
 If you stop someone from cutting a tree illegally or littering in a national
park, you're fulfilling your duty under 51A(g).
 Courts have used this article to promote environmental awareness and
civic responsibility.

5. ⚖️LANDMARK PIL CASES

Let’s look at some real PILs where the Supreme Court protected the environment
using these constitutional Articles.

Case 1: MC Mehta v. Union of India (Ganga Pollution Case)

Facts:
 Tanneries were dumping toxic waste into the River Ganga.
Issue:
 Should industries be allowed to function if they pollute sacred rivers?
Decision:
 SC said industries must treat their waste or face closure.
 Clean environment = part of Article 21 (Right to Life).

Case 2: MC Mehta v. Union of India (Taj Trapezium Case)

Facts:
 Factories near the Taj Mahal were emitting smoke that turned the marble
yellow.
Issue:
 Can economic activity continue if it harms national monuments and the
environment?
Decision:
 Factories were ordered to shift or use clean fuel.
 Heritage and clean air were protected under Article 21.
Case 3: MC Mehta v. Kamal Nath (1997)
Facts:
 A private resort had diverted a river’s flow for its benefit.
 The land was forest land leased from the government.
Decision:
 The court invoked the Public Trust Doctrine.
 Natural resources belong to everyone, not just the government or
private owners.
 Government must protect rivers and forests under Article 48A and
Article 21.

Case 4: T.N. Godavarman v. Union of India (1996 onwards)

Facts:
 Forests in many states were being cut without proper permission.
Decision:
 Supreme Court took continuous monitoring role.
 Expanded definition of forests.
 Ordered a ban on non-permitted logging.
This case turned into a "green bench" movement in India — creating
guidelines on forest conservation.

Case 5: Vellore Citizens Welfare Forum v. Union of India (1996)

Facts:
 Leather tanneries in Tamil Nadu were polluting water bodies.
Decision:
 SC declared PPP and Precautionary Principle as part of Indian law.
 Said these principles come under Article 21 + 48A + 51A(g).

🧾 SUMMARY CHART – Easy Recap

Artic Meaning How It Protects Environment Case Example

le
21 Right to life Includes clean air, water, Subhash Kumar
surroundings (1991)
32 Right to Allows PILs in SC to protect MC Mehta cases
 remedy environment
48A DPSP – State's State must protect forests, Godavarman case
duty wildlife, ecology
51A( Citizen’s duty Citizens must protect nature Vellore case
g) (1996)

🧠 Mnemonic to Remember
🔠 "21 Cows 48 Sat, 51 Grazed"
 21 → Right to Life
 32 → Court remedy (PIL)
 48A → State’s environmental duty
 51A(g) → Citizen’s responsibility

ENVIRONMENTAL STATUTES IN INDIA — EXPLAINED SIMPLY

📌 Focus: EPA, Water Act, Air Act | Key Sections | Purpose | Penalties |
Case Laws

1. 🌍 ENVIRONMENT (PROTECTION) ACT, 1986 – “Umbrella Law”

🔎 Why was it made?
After the Bhopal Gas Tragedy (1984) — where toxic gas leaked and killed
thousands — India realised existing laws were not strong enough.
So, the government passed the Environment Protection Act (EPA), 1986 to
give itself broad powers to protect the environment, people, animals, and
nature.

✅ Main Purpose:
To protect and improve the environment, and to prevent and control pollution
of air, water, and land.

🧾 Key Sections:

Secti What it does

on
Sec 3 Gives the Central Government power to take any action to protect
the environment. It can make rules, shut down polluting industries,
and create authorities.
Sec 6 Government can make rules on emissions, waste handling, etc.
Example: EIA Notification 2006, CRZ Notification 2011.
Sec 7 No one can release pollutants beyond limits set by the
government.
Sec 8 Must handle hazardous substances safely.
Sec Punishment for breaking the law — imprisonment up to 5 years,
15 or fine up to ₹1 lakh, or both. If continued, ₹5,000 per day more.

🧪 Example:
A factory dumps untreated chemicals into a nearby lake. The EPA allows the
Central Government to take emergency action, close the factory, and
impose penalties.

⚖️Related Case:
Vellore Citizens Welfare Forum v. Union of India (1996)
 Tanneries polluted water in Tamil Nadu.
 Court used EPA + Precautionary Principle to order installation of
treatment plants.
 EPA was used to support strict action and environmental protection.

2. 💧 WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974

🔎 Why was it made?
This was the first major environmental law in India.
It came when rivers and lakes were getting polluted by sewage, chemicals,
and factory waste.

✅ Main Purpose:
To prevent and control water pollution and maintain or restore the purity of
water.

🧾 Key Features:

Section / What it does

Provision
Boards Sets up Central Pollution Control Board (CPCB) and State
Pollution Control Boards (SPCBs). They check pollution,
grant permissions, and take action.
Sec 24 No one can dump poisonous matter into a stream, river, or
well.
Sec 25 Factories must take prior permission before setting up an
outlet that discharges into water.
Sec 33A Boards can close a factory or cut off electricity/water supply
if it breaks the rules.
Sec 41–45 Penalties: Up to 6 years in prison + fine. Repeat offence =
harsher punishment.
🧪 Example:
If a company starts releasing waste into a lake without asking permission, the
State Board can file a case, seal the outlet, or shut the factory.

⚖️Related Case:
M.C. Mehta v. Union of India (Ganga Pollution Case)
 Tannery units were discharging waste into the Ganga River.
 Supreme Court said: No industry has the right to pollute.
 It directed closure of industries unless they had treatment plants.
 The Water Act was used to give orders and enforce clean-up.

3. AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981

🔎 Why was it made?
Air pollution was rising due to vehicles, factories, and burning waste. This
Act was passed after India participated in the Stockholm Conference (1972).

✅ Main Purpose:
To prevent, control, and reduce air pollution and ensure clean air for all.

🧾 Key Features:

Section / What it does

Provision
Boards CPCB and SPCBs under this Act as well. They monitor air
quality, issue directions, and approve industrial locations.
Sec 19 The State Government can declare any area as Air Pollution
Control Area.
Sec 21 Factories in such areas need consent before starting
operations.
Sec 22 Factories can’t emit pollutants above set limits.
Sec 31A Pollution Boards can order closure of industries or ban use of
polluting fuels.
Sec 37 Penalties: Jail up to 6 years, and/or fines. Harsher for repeat
offenders.

🧪 Example:
If a thermal power plant emits too much smoke or sulfur, the Pollution Control
Board can fine the plant, ask it to shut down, or switch to cleaner fuel.
⚖️Related Case:
Taj Trapezium Case (MC Mehta v. Union of India)
 The beautiful white Taj Mahal was turning yellow due to acidic gases
from nearby factories.
 SC ordered those factories to shift or switch to cleaner fuels like gas.
 The Air Act was used to regulate air pollution in that area.

🔍 COMPARISON TABLE — EPA vs WATER ACT vs AIR ACT

Feature Environment Act Water Act Air Act (1981)

(1986) (1974)
Nature Umbrella law (covers all) Focus on water Focus on air
pollution pollution
Main Central Government CPCB + SPCBs CPCB + SPCBs
Authority
Key No emission/discharge No polluting No polluting air
Prohibition beyond limits water bodies beyond limits
Penalty Jail up to 5 years + fine Jail up to 6 years Jail up to 6 years +
+ fine fine
Consent Yes, for hazardous Yes, for any Yes, for industry in
Needed? activities discharge outlet control areas
Landmark Vellore Case (PPP, EIA) Ganga Pollution Taj Trapezium Case
Case Case

🧠 EASY MEMORY TIP

🎯 "EPA is the umbrella. Water Act is for rivers. Air Act is for lungs."

⚖️JUDICIAL ACTIVISM & CASE LAWS – EXPLAINED FOR BEGINNERS

🔍 What is Judicial Activism?

Judicial activism means that the courts don’t just wait for laws to be made,
but instead take active steps to protect rights, especially when the
government or other authorities fail.
In Environmental Law, it means that the courts — especially the Supreme
Court of India — have stepped in to protect nature, rivers, forests, and public
health even when no specific law existed.
👉 The tool that made this possible?
✅ Public Interest Litigation (PIL) under Article 32 and Article 226 of the
Constitution.

LANDMARK ENVIRONMENTAL CASES

These cases made the foundation of green law in India.

🌊 1. MC MEHTA v. UNION OF INDIA – Series of PILs

👤 Who was MC Mehta?
An environmental lawyer who fought many cases to protect nature. His PILs
changed the way India sees and protects the environment.

✅ A. Oleum Gas Leak Case (1987)

Background:
 In 1985, gas leaked from Shriram Fertilizers in Delhi.
 One person died and many were injured.
 The gas was Oleum, a dangerous chemical.
What the Court said:
 Introduced the “Absolute Liability” principle:
→ If you run a dangerous factory and something goes wrong, you are
fully responsible, even if it was an accident.
📌 No excuses. You must pay.
Why important?
 This case created a new Indian rule stronger than English law.
 Made industries more accountable for pollution and safety.

✅ B. Ganga Pollution Case (1988–ongoing)

Background:
 Industries and cities were dumping untreated sewage and toxic waste
into River Ganga.
What the Court did:
 Ordered industries to install effluent treatment plants (ETPs).
 Gave directions to cities to improve sewage systems.
Why important?
 This case linked clean water to the Right to Life (Article 21).
 Showed that the court will step in if the government fails.

✅ C. Taj Trapezium Case (1996)

Background:
  Taj Mahal was turning yellow due to air pollution from nearby factories.
What the Court said:
 Factories using coal and coke must shift to clean fuel (natural gas) or
relocate.
 Court protected the Taj using the Air Act + Article 21.
📌 Set a big example of protecting heritage + health.

✅ D. MC Mehta v. Kamal Nath (1997) – Public Trust Doctrine

Background:
 A private resort diverted a river's natural flow for business purposes.
 Land belonged to forest department, linked to minister Kamal Nath.
What the Court said:
 Introduced Public Trust Doctrine:
→ Nature’s resources (like rivers, forests) belong to the public, not
private parties.
→ Government is only a trustee, not owner.

🌿 2. VELLORE CITIZENS WELFARE FORUM v. UNION OF INDIA (1996)

Background:
 Tanneries in Tamil Nadu were discharging untreated waste into rivers
and harming farmland.
What the Court said:
 Introduced 2 major global principles into Indian law:
1. ✅ Polluter Pays Principle – polluter must bear all costs.
2. ✅ Precautionary Principle – don’t wait for full proof; act before
harm happens.
Ordered:
 Tanneries must build treatment plants or shut down.
📌 This case made these principles enforceable in India and connected them to
Article 21 (Right to Life).

3. ALMITRA PATEL v. UNION OF INDIA (2000)

Background:
 Cities across India had garbage everywhere – dumps were overflowing,
waste was untreated.
  Almitra Patel, an environmentalist, filed a PIL.
What the Court said:
 It’s the duty of municipalities to manage solid waste properly.
 No excuse of money or staff.
Result:
 SC formed a committee, and it led to:
→ Municipal Solid Wastes (Management & Handling) Rules, 2000
→ Later updated in 2016
📌 This case made cities take solid waste seriously and improved public health
laws.

🚽 4. MUNICIPAL COUNCIL, RATLAM v. VARDHICHAND (1980)

Background:
 In Ratlam (Madhya Pradesh), drains were overflowing, waste was in
open.
 People got sick. The municipality said: “We have no money to fix it.”
What the Court said:
 The court told the municipality:
👉 “It is your duty to keep the city clean.”
👉 “Lack of funds is not an excuse.”
📌 First big case to say that right to sanitation is part of right to life.

🧾 EASY SUMMARY TABLE

Case Main Issue Key Contribution

MC Mehta v. UOI Gas Leak (Shriram) Introduced Absolute Liability
(1987)
MC Mehta – Water Pollution Ordered ETPs; Clean water =
Ganga Case Right to Life
Taj Case Air Pollution near Taj Clean fuel; protected heritage +
environment
MC Mehta v. River Encroachment Public Trust Doctrine
Kamal Nath
Vellore Citizens Water Pollution by PPP + Precautionary
Case Tanneries Principle added to law
Almitra Patel Garbage Led to solid waste rules
Case mismanagement
Ratlam Open drains, Civic duty enforced;
Municipality Case unhygienic city sanitation = right to life

👩‍⚖️What These Cases Show Us

 1. ✅ Judges can act when authorities fail.
2. ✅ The Supreme Court has turned clean air, clean water, and safe cities
into rights under Article 21.
3. ✅ Anyone can file a PIL — even if they are not personally affected.
4. ✅ Courts used these cases to enforce laws, create new rules, and pressure
governments into action.

🧠 Easy Mnemonic – “MAV RAT”

To remember the major cases:
 M – MC Mehta (Oleum + Ganga + Taj + Kamal Nath)
 A – Almitra Patel (Garbage)
 V – Vellore (PPP + Precaution)
 R – Ratlam case
 A – Absolute liability
 T – Taj pollution case

🌍 INTERNATIONAL ENVIRONMENTAL LAW — EXPLAINED SIMPLY

Environmental issues like climate change, ozone layer damage,
deforestation, or pollution of oceans are not limited to one country. These
problems cross borders.
That’s why countries around the world come together and sign agreements to
protect the planet collectively.

🎯 KEY CONCEPT – What is International Environmental Law?

It’s a set of global rules, treaties, and principles that help countries:
 Cooperate to protect the environment
 Share responsibilities (rich and poor countries)
 Create action plans for sustainable development

We’ll now cover these 4 major milestones:

1. Stockholm Conference (1972)
2. Rio Conference / Earth Summit (1992)
3. Paris Agreement (2015)
4. CBDR – Common But Differentiated Responsibilities
1. STOCKHOLM CONFERENCE (1972) – The “First Green Wake-Up Call”
📍 Held in Stockholm, Sweden
✅ India was a participant.
✅ First global meeting to recognise environmental protection as a shared
international duty.

🌟 Key Outcomes:
 Gave birth to modern international environmental law.
 Created the United Nations Environment Programme (UNEP).
 Introduced the idea that:
→ “Humans have the right to a healthy environment”
→ But also have the duty to protect nature.

📖 Example Principle (Stockholm Principle 1):

“Man has the fundamental right to freedom, equality and adequate conditions of
life, in an environment of a quality that permits a life of dignity and well-being…”

📌 Importance for India:

 Led to awareness and later creation of laws like the Water Act (1974)
and Air Act (1981).
 It inspired Article 48A and 51A(g) to be added to the Constitution by
the 42nd Amendment in 1976.

🌳 2. RIO EARTH SUMMIT (1992) – Linking Environment + Development

📍 Held in Rio de Janeiro, Brazil
✅ Attended by 178 countries including India
✅ Official name: United Nations Conference on Environment and
Development (UNCED)

🌟 Key Documents Adopted:

1. Rio Declaration on Environment and Development
→ 27 guiding principles (includes Precautionary Principle, Polluter
Pays, CBDR).
2. Agenda 21
→ 800-page action plan for sustainable development (local + global).
 3. 2 Major Legal Conventions:
o UNFCCC – Climate change treaty

o CBD – Convention on Biological Diversity

📌 What India Took Away:

 Adopted Polluter Pays and Precautionary Principle in Vellore Case
(1996).
 Signed the CBD and UNFCCC, becoming a voice for developing
countries.

3. PARIS AGREEMENT (2015) – The Climate Gamechanger

📍 Adopted under the UNFCCC at COP-21 in Paris
✅ Signed by 196 countries, including India

🔥 Why it’s important:

It’s the most binding global treaty to fight climate change and limit global
warming.

🌍 Key Goals:
 Keep global temperature rise below 2°C (ideally 1.5°C).
 Countries set their own Nationally Determined Contributions (NDCs)
— action plans for emissions cuts.
 Create transparency and accountability systems for monitoring
progress.

🇮🇳 What India Promised in NDC:

 Reduce carbon emissions intensity by 33-35% by 2030 (compared to
2005).
 Increase share of renewable energy.
 Create a carbon sink by increasing tree cover.

⚖️4. CBDR – COMMON BUT DIFFERENTIATED RESPONSIBILITIES

🤝 What it means:
Not all countries are equally responsible for today’s pollution.
👥 Example:
 The US and Europe have industrialised early and caused more historic
emissions.
 Countries like India or Africa developed later, and emitted less.
So, all countries must act, but rich countries must do more, and help
poorer nations financially and technologically.

📌 CBDR in Action:
 Part of Rio Declaration (Principle 7)
 Basis for differentiated duties in Kyoto Protocol and Paris
Agreement
 Used by India to push back against unfair pressure from developed
nations.

⚖️Indian Judicial Support:

Vellore Citizens Welfare Forum v. Union of India (1996)
 Supreme Court said Precautionary and Polluter Pays Principles are
part of Indian environmental law
 These came from Rio Declaration.

🧾 EASY SUMMARY TABLE

Instrument / Yea Key Outcome India’s Role

Event r
Stockholm 197 First global call; UNEP Sparked Water/Air
Conference 2 created Acts
Rio Earth 199 Rio Principles; UNFCCC, CBD; Adopted PPP,
Summit 2 Agenda 21 Precaution
Paris 201 Climate treaty under UNFCCC Strong NDCs by India
Agreement 5
CBDR Principle 199 Shared duty but India used it to
2 differentiated responsibility demand fairness

🧠 Mnemonic for Easy Recall – “S-R-P-C”

 S → Stockholm (1972)
 R → Rio (1992)
 P → Paris Agreement (2015)
 C → CBDR (Principle from Rio)
⚖️ENVIRONMENTAL RULE OF LAW (EROL) — EXPLAINED FOR BEGINNERS

🌱 What Is Environmental Rule of Law?

Let’s break it into parts:
 “Rule of Law” = Everyone (including the government and businesses)
must follow the law, and laws must be fair and enforceable.
 So, “Environmental Rule of Law” means:
Everyone — people, industries, government — must follow environmental laws
that are clear, fair, and enforced properly.
It ensures that environmental protection is not just a policy, but a legal
right and duty.

📌 Why Was EROL Needed?

Many countries have environmental laws, but:
 They are not enforced properly.
 Corruption or lack of capacity stops action.
 People don’t know their environmental rights.
So, UNEP (United Nations Environment Programme) proposed EROL to make
environmental protection real, enforceable, and accountable.

🌐 UNEP 2019 Report on EROL – Key Principles

UNEP released a landmark report titled "Environmental Rule of Law – First
Global Report" (2019).
Let’s simplify its key takeaways.

✅ 1. Accountability
Governments, officials, and corporations must be held responsible if they break
environmental laws.
📍 Example: If a company cuts forests illegally, both the company and the officer
who allowed it must face action.

✅ 2. Legal Certainty
Environmental laws must be clear and known to the public.
📍 Example: The rules about mining or pollution must be available in simple
language — not buried in bureaucracy.

✅ 3. Access to Justice
Citizens should be able to go to court if the environment is harmed.
📍 Example: PILs in India (like MC Mehta cases) are perfect examples. They show
how the judiciary protects nature.

✅ 4. Public Participation
People must be allowed to take part in decisions affecting their environment.
📍 Example: In India, EIA rules (Environment Impact Assessment) provide for
public hearings before a big project like a dam or highway is cleared.

✅ 5. Transparency
Government must act openly, and data about pollution, licenses, fines etc. must
be accessible to all.
📍 Example: Air Quality Index (AQI) data shared online is part of environmental
transparency.

⚖️EROL vs ENVIRONMENTAL GOVERNANCE — What's the Difference?

Feature Environmental Environmental Rule of Law

Governance (EROL)
Focus Managing environment Enforcing laws equally and
through policies fairly
📢 Authority Mostly executive Legal system and judiciary
(government-driven)
🧾 Legal Rights Not always Yes — based on law and
Involved? constitutional rights
🧑‍⚖️Enforceability Depends on government Must be enforced by law and
will courts
👨‍👩‍👧‍👦 Public Role Limited Ensures participation, justice,
access to courts
Think of it like this:
 Governance = soft power (management and plans)
 EROL = hard power (law, courts, accountability)

🇮🇳 ENVIRONMENTAL RULE OF LAW IN INDIA – EXAMPLES

India is one of the best examples of how judiciary enforces EROL, even before
the term was popular.
1. MC Mehta v. Union of India (Ganga and Taj Cases)
 Court enforced pollution laws strictly.
 Ordered closure of factories polluting Ganga and damaging the Taj.
 Rule of Law applied to protect environment.

2. Ratlam Municipality Case (1980)

 Municipality claimed it had “no money” to clean drains.
 Court said: You have a legal duty to provide sanitation.
 Held civic body accountable under law — this is EROL.

3. Almitra Patel v. Union of India (2000)

 Court directed solid waste management rules.
 Ensured laws were not just on paper, but implemented.

4. T.N. Godavarman v. Union of India (1996–onwards)

 SC turned this forest case into continuous monitoring.
 Brought in transparency, public interest, and rule of law into forest
conservation.

🧠 Mnemonic to Remember EROL Principles – “AP TAP”

 A – Accountability
 P – Public Participation
 T – Transparency
 A – Access to Justice
 P – Predictable Law (Legal Certainty)

📚 Summary Table – EROL in Exams

Element What it Means India Example

Rule of Law No one is above environmental MC Mehta (Oleum Gas,
law Ganga)
Access to Courts Right to file PILs, get justice Art 32 PILs like in Vellore
Case
Public Participation People must be involved in EIA Public Hearings
environmental decisions
 Accountability of Government officers and Ratlam Municipality held
Officials industries must face the law liable
Transparency & Environment data must be AQI Data by CPCB;
Data Sharing public and reliable online pollution boards

📝 Why EROL Is Important for Exams

 Reflects modern evolution of environmental law.
 Links international principles (like UNEP 2019) with Indian PIL
success stories.
 Useful for writing 15-mark analytical answers on legal enforcement and
climate justice.

WASTE MANAGEMENT & SOLID WASTE — EXPLAINED FOR BEGINNERS

🌍 Why is waste management important?

Because when garbage is not handled properly, it causes:
 Water and air pollution
 Diseases like dengue, diarrhoea, cancer
 Land pollution
 Health problems for waste workers and poor communities
So the law says: Every city, every municipality, and every citizen has a
duty to manage waste responsibly.

💼 WHAT IS “SOLID WASTE”?

Solid waste includes:
 Household garbage (kitchen waste, wrappers, bottles)
 Market waste (vegetables, plastics)
 Industrial waste
 Biomedical waste
 Construction debris

⚖️KEY CASE: ALMITRA PATEL v. UNION OF INDIA (2000–ongoing)

👩‍⚖️Who is Almitra Patel?
An environmental activist who filed a PIL in Supreme Court saying that:
“Indian cities are drowning in garbage. Municipalities are not doing their job.”
📌 What the Supreme Court said:
1. Cleanliness is part of the Right to Life under Article 21.
2. Cities must have waste collection, segregation, disposal systems.
3. Municipalities cannot say “we have no money” — duty is mandatory.

⚖️Outcome:
 SC formed a special committee on solid waste.
 That led to new rules for waste management in India.

🧾 SOLID WASTE MANAGEMENT RULES – 2000 & 2016

Let’s understand both versions in simple terms.

📜 1. MUNICIPAL SOLID WASTES (MANAGEMENT & HANDLING) RULES,

2000
Why made?
 After the Almitra Patel PIL, the government created rules under the
Environment Protection Act, 1986.

Key Rules (2000):

Requirement What it Means

Segregation at Wet and dry waste should be separated at home.
source
Collection & Local bodies must collect door-to-door and transport
transportation waste in covered vehicles.
Processing of waste Organic waste = compost. Plastics = recycle.
Sanitary landfills Waste must go to engineered landfills, not open
dumps.

❌ Issues:
 Rules were not enforced properly.
 No strong role for citizens or private players.
 So, they were replaced in 2016.

📜 2. SOLID WASTE MANAGEMENT RULES, 2016

Why better?
Covers urban + rural India, and everyone — not just municipalities.

👥 Who’s covered?
 Every citizen
 Hotels, restaurants, schools
 Offices, RWAs, street vendors
 Rural villages and panchayats

✅ Key Rules (Simplified):

Area 2016 Rule

Segregation at Must separate waste into biodegradable, non-
source biodegradable, hazardous
Bulk If you generate large waste (like schools, hotels), you must
generators process your own waste.
Waste Composting, recycling, and no burning of waste allowed.
processing
Plastic ban Plastic waste to be minimised and segregated strictly.
zones
User charges Municipalities can charge households and businesses
for waste services.
Penalty Fines for open dumping, littering, non-segregation.
provisions

♻️Swachh Bharat & SBM 2.0

 These rules were reinforced through Swachh Bharat Abhiyan (Clean
India Mission).
 Focus on zero landfill, composting, biogas, and community
participation.

📚 Landmark Cases Supporting Waste Law

Case Contribution
Almitra Patel v. UOI PIL led to creation of Solid Waste Rules
(2000)
Municipal Council, Ratlam Court said civic bodies must provide
(1980) sanitation, even if funds are low
Bangalore Medical Trust Park cannot be converted into building —
v. B.S. Muddappa (1991) public spaces matter for clean environment

🧠 Easy Summary Table – 2000 vs 2016 Rules

Feature 2000 Rules 2016 Rules

 Area Covered Only municipalities Urban + rural India
Responsibility Mainly on urban local Shared — citizens, RWAs,
bodies businesses
Waste Categories Basic separation 3 types: wet, dry, hazardous
(wet/dry)
Penalties Not clear Clear penalties, charges, fines
Implementation Weak Stronger, with Swachh Bharat
Focus

🔚 TAKEAWAYS FOR EXAM

 Almitra Patel PIL was the starting point for India's solid waste reform.
 The law moved from “municipality only” to “everyone is
responsible”.
 The 2016 Rules link to citizen duty under Article 51A(g) and Right to
clean environment under Article 21.

📌 MNEMONIC — “SWEEP”
To remember key parts of Solid Waste Management:
 S – Segregate waste
 W – Waste processing (compost/recycle)
 E – Everyone’s duty (citizens + corporates)
 E – Enforcement by ULBs
 P – Penalties for non-compliance

🌱 APPROACHES TO ENVIRONMENTAL ETHICS – EXPLAINED FOR

BEGINNERS

🎯 What is Environmental Ethics?

Environmental Ethics is about how we think and behave toward the
environment.
It asks:
 Do we treat nature as a resource for humans?
 Or do we value nature for its own sake?
 Or do we believe that God created the Earth, so we must protect it?
Different answers lead to different approaches.

🔍 WHY IT MATTERS IN LAW

Every law is shaped by a moral or ethical idea.
 If a law is anthropocentric, it protects nature only to benefit humans
(e.g., clean air for health).
 If it is ecocentric, it protects nature even if no human benefit is
involved (e.g., protecting endangered frogs).
 If it is theocentric, it’s about divine responsibility.

Let’s now go into the three major approaches.

🌿 1. ECOCENTRIC APPROACH — “Nature First”

💡 Meaning:
 All living beings — trees, animals, rivers — have value by themselves,
even if humans don’t benefit from them.
 Earth is not just for humans.
 Humans are just one part of the ecosystem.

🧪 Example:
 You stop a mining project because it will harm a rare plant, even if no
human lives nearby.
 Forests are protected not for timber, but for the animals and biodiversity
inside.

Legal Support:
 In T.N. Godavarman v. Union of India (1996), the SC used an
ecocentric approach to protect forests.
 In Centre for Environmental Law, WWF v. Union of India (2013), the
Court said wild animals have intrinsic rights, even if no human is
harmed.

📌 Key Quote:
“Nature has its own rights; humans are not masters, but just one species among
many.”

👤 2. ANTHROPOCENTRIC APPROACH — “Human-Centred”

💡 Meaning:
  Nature must be protected only because it affects humans — for health,
economy, or survival.
 Pollution is bad because it harms people, not because it harms plants.

🧪 Example:
 You clean a river because people need drinking water, not because
fish live in it.
 Cutting a forest is wrong only because it causes climate change or
disease, not because trees deserve to live.

Legal Support:
 Article 21 of the Constitution (Right to Life) has been interpreted to
include right to clean air and water — very anthropocentric.
 In Subhash Kumar v. State of Bihar (1991) – SC said pollution
violates human rights, not animal rights.

📌 Key Quote:
“Environment matters because human life depends on it.”

🙏 3. THEOCENTRIC APPROACH — “God-Centred”

💡 Meaning:
 Nature is sacred because it was created by God.
 Humans are caretakers, not owners.
 Destroying nature is like disobeying divine will.

🧪 Example:
 Rivers are protected because they are considered goddesses (like
Ganga).
 Killing animals or cutting trees is wrong because religious texts say so.

🛐 Seen In:
 Indigenous traditions (Adivasis, tribal laws)
 Indian philosophy (trees as sacred, cow protection)
 Vatican encyclical on environment by Pope Francis (2015)
Legal Touchpoint:
 Ganga and Yamuna declared as “living persons” with rights —
Uttarakhand HC (2017)
 Often used in PILs filed by religious groups or traditional
communities to protect rivers or forests.

🧾 COMPARATIVE SUMMARY TABLE

Approach Core Idea Who Law/Cases

Matters?
Ecocentric Nature has value of All life WWF v. UOI (2013);
its own forms Godavarman (1996)
Anthropocen Protect nature for Humans Subhash Kumar (1991);
tric human benefit Article 21
Theocentric Nature is sacred / God / moral Ganga as living entity
God’s creation duty (2017); traditions

📚 CASE LAW DIGEST

1. T.N. Godavarman v. UOI (1996)
 Expanded “forest” definition.
 Court protected natural ecosystems, not just humans.
 Shifted from anthropocentric to ecocentric.

2. Centre for Environmental Law v. UOI (2013)

 SC said wild animals have a right to exist — regardless of human
benefit.
 Gave legal recognition to animal rights.

3. Subhash Kumar v. State of Bihar (1991)

 Held that pollution affecting human health violates Article 21.
 Classic anthropocentric ruling.

4. Mohd. Salim v. State of Uttarakhand (2017)

 High Court declared Ganga and Yamuna as legal persons.
 Based on religious and spiritual value → theocentric.
🧠 Mnemonic – “EAT”
To remember the three approaches:
 E – Ecocentric → Earth matters on its own
 A – Anthropocentric → About humans
 T – Theocentric → Think of God’s creation

🌳 BIODIVERSITY & FOREST LAWS – SIMPLIFIED GUIDE

India is one of the most biodiverse countries in the world — we have forests,
animals, birds, rare plants, and marine life. But due to deforestation, pollution,
and industrialisation, this biodiversity is under threat.
To protect it, we have three major legal instruments:
1. Biological Diversity Act, 2002
2. Forest Rights Act, 2006
3. CITES (International Treaty)
Let’s explore each one in a simple way.

🌱 1. BIOLOGICAL DIVERSITY ACT, 2002 (BDA)

🎯 Why was this Act made?
India is a signatory to the Convention on Biological Diversity (CBD), signed
in 1992 at the Rio Summit. CBD says:
“Countries must conserve biological resources, ensure sustainable use, and
share the benefits from their use.”
So, India passed the BDA 2002 to give legal force to these duties.

🧾 Key Features of the Act:

Provisio Meaning
n

Section Foreigners/companies must get approval before accessing Indian

3–6 biological resources

Section Even Indians must give prior intimation before using bio-
7 resources for commercial use

Section If anyone makes money from our bio-resources, benefits must be

21 shared with local communities

Section Govt must create plans for conservation and sustainable use
36
⚙️Key Institutions Created:

Body Function

National Biodiversity Regulates access by foreigners

Authority (NBA)

State Biodiversity Boards Monitor use at state level

(SBB)

Biodiversity Management Formed in every local body — maintain

Committees (BMC) People’s Biodiversity Registers (PBRs)

📚 Case Law: Divya Pharmacy v. UoI (2018)

1️⃣ Facts: Divya Pharmacy (Patanjali) used Indian medicinal plants for Ayurvedic
products.
2️⃣ Issue: Should they pay a share of profits to local communities (benefit-
sharing)?
3️⃣ Decision: YES — even Indian companies must share benefits under the Act.
4️⃣ Principle: Indian bio-resources are community property, not free for
corporate profits.
5️⃣ Relevance: Enforces Sections 3, 7, 21 — protects traditional knowledge
and local rights.

🌲 2. FOREST RIGHTS ACT, 2006 (FRA)

🎯 Why was this Act made?
For years, Adivasis and forest dwellers were treated as “encroachers” in their
own traditional lands. Even though they protected forests, they had no legal
recognition.
The FRA, 2006 recognises their rights and protects their livelihoods.

🧾 Key Features:

Right Type Sectio Meaning

n

Individual Forest Sec Right to live and farm on forest land (up to
Rights (IFR) 3(1)(a) 4 hectares)

Community Forest Sec Villages can protect and manage forest

Rights (CFR) 3(1)(i) areas

Right to Minor Sec Collect bamboo, honey, tendu leaves

Forest Produce 3(1)(c) without needing forest dept. permission
(MFP)
 Cultural and Habitat Sec Rights of pastoral communities, nomadic
Rights 3(1)(e) tribes, religious practices

Key Case: Orissa Mining Corp v. Ministry of Environment (Vedanta

Case) (2013)
1️⃣ Facts: Vedanta wanted to mine bauxite in Niyamgiri Hills (home of Dongria
Kondh tribes).
2️⃣ Issue: Could mining be allowed if it affects the community’s religious rights?
3️⃣ Decision: NO — Gram Sabha has the final say.
4️⃣ Principle: Local communities have absolute right over forest usage under
FRA.
5️⃣ Relevance: First case affirming FRA’s supremacy over forest projects.

⚖️Key Takeaway:
FRA shifts the control of forests from the State to the local communities — a
radical change in forest law.

🌐 3. CITES – INTERNATIONAL TREATY

🎯 What is CITES?
Convention on International Trade in Endangered Species of Wild Fauna
and Flora
→ A global treaty to stop illegal trade in endangered plants and animals.
India is a party to CITES since 1976.

📜 What does CITES do?

 Divides species into 3 Appendices:

Appen Meaning
dix

I Most endangered — trade banned (e.g., Tigers,

Red Pandas)

II Not endangered, but trade is regulated

III Protected in some countries — trade requires

permissions

🔧 CITES is implemented through Indian laws like:

 Wildlife Protection Act, 1972
 Customs Act
  EXIM Policy

📚 Example Case: Sansar Chand v. State of Rajasthan (2010)

1️⃣ Facts: A known poacher was involved in tiger skin trade violating CITES
norms.
2️⃣ Issue: Could Indian courts apply global norms to protect wildlife?
3️⃣ Decision: YES — India has international duties under CITES.
4️⃣ Principle: International environmental treaties are enforceable via domestic
law.
5️⃣ Relevance: Protects endangered species and closes loopholes in wildlife
trade.

📌 QUICK REVISION TABLE

Law / Purpose Authority / Body Unique Feature

Treaty

BDA, Protect biological NBA, SBB, BMC Benefit-sharing with

2002 diversity local communities

FRA, Recognise Gram Sabha, Legal title to forest

2006 tribal/forest dweller Ministry of Tribal land
rights Affairs

CITES Control international MoEFCC, Customs, Global treaty enforced

trade of species Wildlife Board via national laws

🧠 Mnemonic — “BFC” for Biodiversity Protection

 B – Biological Diversity Act
 F – Forest Rights Act
 C – CITES treaty

✍️Exam Framing Tip

Start with:
“India, being one of the 17 mega-diverse countries, has a constitutional,
statutory, and international duty to conserve biodiversity.”
Then explain each law + 1 case + key principle. Use the “Facts-Issue-
Decision-Principle-Relevance” format for at least one case.

LAND & ZONING LAWS – SIMPLIFIED EXPLANATION

🌍 What are Land & Zoning Laws?
Land and Zoning laws regulate how land is used – for housing, industries,
forests, farming, etc. They help ensure:
 Sustainable development
 Protection of ecosystems (coasts, wetlands, forests)
 Fair treatment of landowners and tribal communities
We’ll cover four major legal tools:
1. CRZ Notification
2. Environmental Impact Assessment (EIA)
3. Tree Protection Laws
4. LAAR Act, 2013 (Land Acquisition)

1. COASTAL REGULATION ZONE (CRZ) NOTIFICATIONS

🎯 What is CRZ?
CRZ = Coastal Regulation Zone
The coastal area from High Tide Line (HTL) up to 500m landward is called CRZ.
It is environmentally fragile and must be protected from over-construction.

📜 CRZ Notification, 2011 (under Environment (Protection) Act, 1986)

CRZ Meaning
Category

CRZ I Ecologically sensitive (corals, mangroves, turtle nesting) – No

construction allowed

CRZ II Urban/Developed areas close to sea – Regulated development

allowed

CRZ III Rural or underdeveloped areas – Limited construction allowed

CRZ IV Water areas (sea, creeks, tidal zones) – Fishing allowed, but
no big construction

🚫 Common Prohibited Activities:

 No new construction in CRZ-I
 No setting up of industries
 No plastic dumping or waste discharge
Case Law: Indian Council for Enviro-Legal Action v. UoI (1996)
1️⃣ Facts: Industries were polluting coastal areas.
2️⃣ Issue: Could the government be forced to implement CRZ rules?
3️⃣ Decision: YES — Supreme Court ordered enforcement of CRZ Notification.
4️⃣ Principle: Coastal zones are public trust property, not for private gain.
5️⃣ Relevance: Set the tone for strict coastal protection.

2. ENVIRONMENTAL IMPACT ASSESSMENT (EIA)

🎯 What is EIA?
EIA = A study done before starting a big project (like mining, airport, highway)
to assess its impact on environment.

📜 Governed by: EIA Notification, 2006 (under EPA, 1986)

🔑 Key Features:
 Projects are categorised (A or B) based on impact
 Public Hearing is mandatory
 Report must assess:
o Pollution levels

o Impact on forests, animals

o Displacement of people

🧾 Procedure:
1. Submit proposal to MoEFCC or State Environment Impact Assessment
Authority (SEIAA)
2. Conduct Public Hearing
3. Get clearance before starting

Case Law: Sterlite Industries v. Union of India (2013)

1️⃣ Facts: Sterlite’s copper plant in Tamil Nadu had EIA clearance but was
causing pollution.
2️⃣ Issue: Was EIA done properly?
3️⃣ Decision: SC ordered closure due to poor compliance.
4️⃣ Principle: Environmental clearance is not a licence to pollute.
5️⃣ Relevance: Reinforced that EIA must be scientific and transparent.

🌳 3. TREE PRESERVATION LAWS (STATE LAWS)

Trees in urban areas are protected by state-specific laws. Example: Tamil
Nadu Preservation of Trees Act, 1976.

📜 Key Provisions (common across states):

 No cutting of specified trees (e.g., neem, peepal) without permission
 Penalty for illegal cutting
 Urban authorities must plant and maintain trees in public places
 Some cities have Tree Authorities (e.g., in Maharashtra)

🌿 Real Example:
In cities like Mumbai and Bengaluru, residents need official approval to cut
trees even on private land, ensuring that urban green cover is protected.

Case Law: T.N. Godavarman v. UOI (1996–ongoing)

1️⃣ Facts: Focused on deforestation across India.
2️⃣ Issue: What is the definition of a “forest”?
3️⃣ Decision: SC said any area with forest characteristics is forest, even if
not notified.
4️⃣ Principle: Broad, inclusive protection of forests.
5️⃣ Relevance: Used to prevent illegal tree felling in many states.

🧭 4. LAND ACQUISITION: THE LAAR ACT, 2013

🎯 Why this law?
Earlier law (1894) was misused — land was taken for private gain, with no
proper compensation.
The LAAR Act, 2013 ensures transparency, consent, fair compensation.

📜 Full Name: Right to Fair Compensation and Transparency in Land

Acquisition, Rehabilitation and Resettlement Act, 2013

🔑 Key Features:

Feature What it Means

Consent clause 80% consent of affected families required for

private projects

Compensation 2x to 4x of market value (urban/rural)

 Social Impact Assessment Mandatory to assess displacement impact
(SIA)

Rehabilitation & Houses, jobs, and support for displaced people

Resettlement (R&R)

Return of unused land If land is not used in 5 years, it must be

returned

Case Law: Indore Development Authority v. Manoharlal (2020)

1️⃣ Facts: Government acquired land but didn’t use it for years.
2️⃣ Issue: Can unused acquired land be returned to owners?
3️⃣ Decision: YES — under LAAR Act, land must be returned.
4️⃣ Principle: Prevent land hoarding by the State.
5️⃣ Relevance: Enforces Section 24 of LAAR — safeguards citizen rights.

📌 QUICK REVISION TABLE

Law/ Purpose Key Concept

Tool

CRZ Protect fragile coastal No construction in CRZ-I

areas

EIA Assess environmental Public Hearing,

risk clearance

Tree Protect urban trees Permit system for tree

Acts felling

LAAR Fair land acquisition & Consent, R&R, return of

Act rehab land

🧠 Mnemonic — “CETL” for remembering these laws:

 C – CRZ
 E – EIA
 T – Tree Preservation
 L – LAAR Act

✍️Exam Writing Tip

Start with:
“Land and natural resources are not just commodities, but ecological assets
governed by zoning laws to balance development and environment.”
Then explain each tool + 1 case + key principle.

🏭 INDUSTRIAL ENVIRONMENTAL LAW – SIMPLIFIED EXPLANATION

🔧 What is Industrial Environmental Law?

It includes the laws, policies, and bodies that ensure industries:
 Don’t pollute air, water, or land.
 Are held accountable for accidents.
 Move toward clean energy and responsible practices.
We will cover:
1. NGT Act, 2010
2. Public Liability Insurance Act, 1991
3. ESG Principles (Environmental, Social, Governance)
4. Energy Conservation Act, 2001

⚖️1. NATIONAL GREEN TRIBUNAL ACT, 2010 (NGT Act)

🎯 Why was it passed?
To provide fast-track justice in environmental cases and reduce the burden on
regular courts.

📜 Key Features:

Feature Meaning

Special Deals only with environmental matters

Tribunal

Covers Water Act, Air Act, EPA, Forest Act, Biodiversity Act

Time Limit Must file within 6 months of cause of action

Relief Can give compensation, damages, and orders to shut

down polluters

No Civil Once NGT takes a case, no other civil court can hear it
Court

📍 Composition:
 Headed by a retired SC Judge or Chief Justice of HC
  Members include judicial and expert members (scientists,
environmentalists)

Case Law: Sterlite Copper Case (2018)

1️⃣ Facts: Sterlite Copper plant in TN was polluting groundwater and causing
health problems.
2️⃣ Issue: Could the plant be shut down despite EIA clearance?
3️⃣ Decision: YES – NGT upheld closure of the plant.
4️⃣ Principle: Public health > industrial interests; Precautionary Principle
applied.
5️⃣ Relevance: NGT has power to enforce environmental rights.

💥 2. PUBLIC LIABILITY INSURANCE ACT, 1991

🎯 Why was it passed?
After the Bhopal Gas Tragedy (1984), India realised the need for strict and
quick compensation for industrial accidents.

📜 Key Provisions:

Section Meaning

Section 3 Every industry handling hazardous substances must take

insurance for liability

Section 6 Govt creates Environmental Relief Fund

Schedule Lists the amounts payable for injury, death, property

damage

No-fault Victim doesn’t have to prove negligence. If there's damage,

liability company must pay.

💡 Example:
If a gas leak occurs in a pesticide factory, and villagers are affected — they will
get instant compensation from the insurer under this Act.

Case Reference: Bhopal Gas Leak Disaster Case (UCC v. UoI, 1989)
1️⃣ Facts: MIC gas leaked from Union Carbide plant in Bhopal, killing over 3000
people.
2️⃣ Issue: Who should be held liable for large-scale industrial accidents?
3️⃣ Decision: SC applied absolute liability, ordering Union Carbide to pay $470
million.
4️⃣ Principle: Companies dealing with hazardous substances must bear full
liability.
5️⃣ Relevance: Directly led to this Act + introduced compulsory insurance.

🌱 3. ENVIRONMENTAL, SOCIAL & GOVERNANCE (ESG) – Emerging Legal

Norm
🎯 What is ESG?
ESG = A set of non-financial standards that companies follow to show they
are environmentally and socially responsible.

🧾 ESG Components:

Area Meaning

E Reduce pollution, waste, carbon footprint

(Environment
al)

S (Social) Labour rights, workplace safety, human

rights

G Ethical management, anti-corruption,

(Governance) transparency

📑 Legal Relevance:
 SEBI has made Business Responsibility and Sustainability Reporting
(BRSR) mandatory for top 1000 listed companies.
 ESG factors now influence investments, compliance, and reputation.

Case Link: Essar Oil Case (SEBI action)

 SEBI has cracked down on companies failing to disclose ESG risks.
 Companies with poor environmental records may face fines or delisting.

⚡ 4. ENERGY CONSERVATION ACT, 2001

🎯 Why was this Act made?
To reduce India’s energy waste and promote clean energy use in industries.

📜 Key Provisions:

Section Provision

Section 3 Establishes Bureau of Energy Efficiency

 (BEE)

Section 14 Industries must follow Energy Efficiency

Standards

Section 18 Govt can prescribe energy audits for large

companies

Mandatory ACs, fridges, lights must carry star-rating

Labelling labels

🌐 Real Example:
 BEE mandates energy-saving norms for large cement, steel, and textile
industries.
 Perform, Achieve and Trade (PAT) Scheme allows energy-efficient
companies to sell their energy savings as credits.

🧠 QUICK REVISION TABLE

Law / Purpose Example /

Principle Case

NGT Act, Fast-track green justice Sterlite Case

2010

PLI Act, 1991 Compensation for Bhopal

accidents Tragedy

ESG Sustainable corporate SEBI BRSR

practices norms

Energy Act, Promote energy efficiency BEE, PAT

2001 Scheme

🔖 Mnemonic: “NEEP” for Industrial Environmental Law

 N – NGT
 E – ESG
 E – Energy Conservation
 P – Public Liability

✍️How to Frame in Exams (10M/15M):

Start with:
“As India industrialises rapidly, it becomes crucial to legally regulate the
environmental risks posed by industries through targeted laws and
emerging ESG frameworks.”
Then explain 2–3 laws in depth (with sections) + 1 case per law + conclude with
NGT’s significance and ESG future.

🌍 CLIMATE CHANGE LAW – SIMPLIFIED GUIDE

💨 What is Climate Change?

Climate change refers to the long-term alteration of temperature and typical
weather patterns in a place. The main cause is global warming, mostly due to
human-made emissions like carbon dioxide (CO₂), methane (CH₄), and
nitrous oxide (N₂O) — collectively called greenhouse gases (GHGs).

⚖️Why Do We Need Climate Change Law?

 No one country can fight climate change alone — it’s a global problem.
 It affects lives, agriculture, water, forests, and even constitutional rights
like the right to life (Art. 21).
 Laws are needed to control pollution, reduce emissions, and promote
sustainable development.

🌐 KEY INTERNATIONAL TREATIES ON CLIMATE CHANGE

1️⃣ UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE

(UNFCCC), 1992
📌 Overview:
 Adopted at the Rio Earth Summit (1992)
 Goal: Prevent “dangerous” human interference with the climate system.
🔑 Key Concepts:
 Common but Differentiated Responsibilities (CBDR): Developed
countries caused more pollution, so they must do more.
 No binding targets – it's a framework convention, meaning detailed
rules come later.
🇮🇳 India’s Role:
 Signed and ratified.
 Participated as a developing country with low historical emissions.
2️⃣ KYOTO PROTOCOL, 1997
📌 Overview:
 First binding treaty under the UNFCCC.
 Came into effect in 2005.
 Divided the world into:
o Annex I (Developed Countries): Must reduce emissions.

o Non-Annex I (Developing Countries like India): No binding targets.

🎯 Key Mechanisms:

Mechanism Function

Clean Development Developed countries can invest in green projects in

Mechanism (CDM) developing countries and get “carbon credits”.

Emission Trading Countries can trade carbon credits.

Joint Implementation Similar to CDM but between developed countries.

(JI)

🇮🇳 India’s Involvement:
 Benefited from CDM.
 Many solar, wind, and biogas projects registered under CDM.

Case Link: Himanshu Thakkar v. Union of India (Policy Review)

1️⃣ Facts: Questioned whether India’s energy projects were climate compliant.
2️⃣ Legal Issue: Do India’s development projects align with climate treaty
obligations?
3️⃣ Decision: Courts emphasized balancing development with climate goals.
4️⃣ Principle: Treaty commitments must guide policy decisions.
5️⃣ Relevance: Shows how courts are using international climate law in
domestic matters.

3️⃣ PARIS AGREEMENT, 2015

📌 Overview:
 Historic agreement under UNFCCC.
 Came into force in 2016.
 Replaced Kyoto Protocol (post-2020).
 Applies to all countries, not just developed ones.
🎯 Key Features:

Feature Explanation

Temperature Goal Keep global temperature rise below 2°C,

aim for 1.5°C

Nationally Determined Each country sets its own climate action plan
Contributions (NDCs) (non-binding)

Transparency Countries must report emissions and

progress

Climate Finance Developed countries will give $100

billion/year to developing nations

🇮🇳 INDIA’S PARIS COMMITMENTS (NDCs):

Goal Target

Reduce emission By 45% from 2005 levels by 2030

intensity of GDP

Renewable energy 50% of power capacity from non-fossil fuel

capacity sources by 2030

Carbon sink through Create 2.5–3 billion tonnes of CO₂ equivalent

forests sink

✅ India ratified the agreement in October 2016.

🔁 Update: Glasgow COP26 (2021) – India’s Panchamrit Pledge:

1. Net zero emissions by 2070
2. 500 GW non-fossil fuel capacity by 2030
3. 50% energy needs from renewable sources
4. Reduce CO₂ emissions by 1 billion tonnes
5. Cut carbon intensity of GDP by 45%

🇮🇳 DOMESTIC ACTIONS FOR CLIMATE CHANGE

1. National Action Plan on Climate Change (NAPCC), 2008
India launched 8 “missions” to tackle climate change, including:
 Solar Mission
 Energy Efficiency
 Sustainable Agriculture
  Water Conservation
States have their own SAPCCs (State Action Plans).

2. Statutes with Climate Impact

Law Climate Link

Environment (Protection) Covers emission norms

Act, 1986

Energy Conservation Act, Promotes clean energy

2001

Air Act, 1981 Limits air pollution from industry

Companies Act, 2013 CSR funds used for sustainability

SEBI BRSR Guidelines Mandates ESG disclosures by

companies

INDIAN CASE LAW SUPPORTING CLIMATE PRINCIPLES

📚 MC Mehta v. Union of India (Vehicular Pollution case)
1️⃣ Facts: Delhi air pollution caused by vehicles.
2️⃣ Issue: Should court intervene to impose fuel change?
3️⃣ Decision: Yes — SC ordered CNG use in public vehicles.
4️⃣ Principle: Judiciary can enforce environmental rights under Article 21.
5️⃣ Relevance: First direct climate-related intervention in India.

📌 QUICK REVISION TABLE

Treaty / Tool Yea Focus India’s Role

r

UNFCCC 199 Global cooperation on Signed and active

2 climate

Kyoto 199 Binding targets on rich CDM beneficiary

Protocol 7 nations

Paris 201 Universal goals, voluntary NDCs + Net Zero

Agreement 5 targets

NAPCC 200 Domestic mission-based Solar, water, energy

8 action

COP26 202 Net zero target by 2070 Global climate

Pledge 1 leadership
🧠 Mnemonic – “UK PIN” for remembering:
 U – UNFCCC
 K – Kyoto
 P – Paris
 I – India’s NDCs
 N – Net Zero & NAPCC

✍️Exam Framing Tip:

Start with:
“Climate change law today blends international cooperation and domestic action.
Treaties like UNFCCC and Paris set global standards, while India’s NDCs and laws
like EPA and Energy Act implement them nationally.”
Then explain 2–3 treaties + 1–2 domestic laws + 1 case + India’s unique
position.

✅ Environmental Law: Smart Topic Priority Chart

Priorit Topic / Module Why Important Past Exam Pattern

y / Tips

🔴 High Principles & Repeated in all Use MC Mehta and

Doctrines – PPP, exams; foundational Vellore as base
Precautionary, to all other answers; cases. Make a 15M
Absolute Liability, easy to write with answer format ready.
Sustainable structured principles
Development, PTD and case law.

🔴 High Constitutional Constitutional Connect it with case

Remedies – Art 21, grounding of laws and human
48A, 51A(g), PILs (MC environmental law; rights framing.
Mehta, Subhash almost every year a
Kumar, etc.) 10M or 15M question
asked.

🔴 High Statutory Laws – Core legislation; Focus on Sec 2, 3, 5,

EPA 1986, Water Act, highly probable 10M 15 EPA and Sec 24 of
Air Act – Definitions, direct questions; also Water Act.
Powers, Penalties useful for answering
other topics indirectly.

🔴 High Judicial Activism Evergreen topic in Prepare 1-line facts

Cases – MC Mehta Indian environmental + 1-line principle
Series, Vellore, Almitra jurisprudence. Good cheat sheet for each
Patel, Ratlam to quote across case.
 answers.

🔴 High Waste Management Often repeated; Know the difference

Laws – Solid Waste Almitra case makes it between the 2000
Rules 2000 & 2016, easy to score with and 2016 Rules.
Almitra Patel good structure.

🟠 International Slightly technical, but Understand

Mediu Environmental Law a 10M expected from principles (CBDR,
m – Stockholm, Rio, climate side; often Sustainable
Paris, CBDR clubbed with climate Development) and
change. India's
commitments.

🟠 Environmental Rule Conceptual topic, Use comparative

Mediu of Law (EROL) – seen once or twice; examples and
m UNEP principles, scoring for those who connect to Indian
governance write clearly. judiciary + UNEP.
framework

🟠 Biodiversity & Moderate frequency; Quote Nagoya

Mediu Forest Laws – BD Act can be asked directly Protocol and local
m 2002, Forest Rights or as part of broader community rights
Act, CITES wildlife/bio under FRA 2006.
conservation
questions.

🟠 Land Laws – Zoning, Often appears as part Learn flow of EIA

Mediu EIA, CRZ, Tree Act, of applied questions process and use 1-2
m LAAR Act (EIA + CRZ State Acts like
combined). Karnataka’s.

🟡 Low Energy, ESG, Seldom asked directly Mention ESG norms,

Corporate but may appear in 5M Business
Environmental or applied case study- Responsibility
Compliance based questions. Reports, and NGT
actions on
industries.

🟡 Low Climate Change Asked in earlier years, Know India's

Law – UNFCCC, Kyoto, now mixed into National Action Plan
Paris international or on Climate Change
policy-oriented (NAPCC) briefly.
questions.

🟡 Low Industrial Low-frequency direct Keep PLI Act Sec 3,

Environmental questions; important 4, 7 ready. Quote
Laws – PLI Act, NGT if asked on industrial Union Carbide for
Act, Energy Act, accidents or Bhopal strict liability.
Hazardous Chemical case in a new format.
Rules

🟡 Low Approaches to Conceptual; useful for Can be skipped for

Environmental introduction or last-minute revision
Ethics – conclusion if short on time, or
Anthropocentric, paragraphs in essay- written from
Ecocentric, type answers. common sense if
Theocentric needed.