Green trails or trials?

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Lawyers get to the root of corporate counsel’s environmental concerns

Failures to demonstrate environmental compliance in India have damaged investors’ reputations, sparked huge protests and derailed projects. Environmental activists criticize corporate India for a lack of awareness and poor attitudes towards green initiatives. Companies, meanwhile, argue that bureaucratic procedures and inefficiencies make compliance with water, forest and other regulations difficult. Seven specialists analyse tough questions from corporate counsel and offer legislative insights and practical tips on environmental law compliance.

Environmental, forest and wildlife clearance

Girish Gokhale, president of legal and group general counsel, JSW: Both the environmental clearance and forestry clearance procedures for development projects which need be processed by the central Ministry of Environment and Forests (MoEF) are well established. Where is the need for each case being put up to the MoEF, after the case is recommended by the concerned Expert Appraisal Committee and Forest Advisory Committee, respectively?

Sudhir Mishra, senior consultant, Fox Mandal & Co: In India, environmental clearance, forest clearance and wildlife clearance are all separate issues.

Environmental clearances are processed and recommended by the Expert Appraisal Committee. In India, environmental clearances are granted by both the central and state governments after the Environment Impact Assessment (EIA) Notification, 2006. For certain sensitive projects – oil and gas, nuclear power, asbestos milling and asbestos-based products, soda ash, chemical fertilizers, petrochemical complexes, etc. – the central government has the exclusive power to grant environmental clearance.

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