ENVIORMENTAL LAW PROJECT,2020

Introduction to Environmental Law and Ten

Most Important Judgments in India

Submitted To:-
Submitted By:-
Mr.Zain Saleh

Professor Environmental Law Pranav Sharma

18R.U.11011 (B.A.LLB Hons.)

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INTRODUCTION

What is Environmental Law?

Environmental law is the collection of laws, regulations, agreements and common law that
governs how humans interact with their environment. The purpose of environmental law is to
protect the environment and create rules for how people can use natural resources.
Environmental laws not only aim to protect the environment from harm, but they also determine
who can use natural resources and on what terms. Laws may regulate pollution, the use of natural
resources, forest protection, mineral harvesting, and animal and fish populations.

Early environmental laws

Environmental laws are relatively new in American history. Lawmakers began to pass
environmental laws in the twentieth century. The environmental movement began to pick up
pace in the 1960s with the majority of environmental laws and regulations being created since
that time.

The first environmental laws focused on nuisance. When one person’s use of their property
interferes with another person’s use of their own property, courts can step in to stop the nuisance.
Nuisance laws largely developed through common law decisions in the courts. The laws protect
a property owner from having another person or corporation infringe on their right to enjoy their
own property. Early environmental laws didn’t focus on protecting the environment as a whole.
They also didn’t give standing for a person to sue a polluter if they weren’t personally harmed by
the other person’s actions.

What do environmental laws regulate?

Environmental laws cover a wide range of topics including the following:

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Air Quality – Air quality laws protect the air from pollution and may include measures to protect
the air from things like ozone depletion.
Water Quality – Environmental laws may protect water from pollution. They may also determine
who can use water and how to handle potential problems like treating wastewater and managing
surface runoff.
Waste Management – Municipal waste, hazardous substances, and nuclear waste all fall in the
category of waste management.
Contaminant Cleanup – Not all environmental law focuses on preventing pollution. Contaminant
cleanup deals with addressing pollution after it happens. Laws may include protocols for cleanup
as well as civil and criminal punishment for polluters.
Chemical Safety – Chemical safety regulations manage things like pesticide use and chemicals in
products like plastic bottles.
Hunting and fishing – Environmental laws may regulate and protect wildlife populations.
Lawmakers determine who can hunt and fish and how these activities are regulated.

Major environmental legislation

The first federal environmental law is the River and Harbors Act of 1889. The Clean Water Act
revised much of the Harbors Act. The Act made it a crime to introduce waste into navigable
waters without a permit. The law also made it a misdemeanor to alter a harbor or waterfront or
otherwise alter a waterway by filling it or excavating it.
Other significant pieces of federal environmental legislation include:

Clean Air Act

Clean Water Act
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)
Endangered Species Act
National Environmental Policy Act
Resource Conservation and Recovery Act
As environmental laws progressed, lawmakers addressed the issue of standing. Individuals no
longer need to be personally aggrieved in order to bring a claim to stop environmental

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contamination. Changes in laws have led to landmark legal actions like the “Scenic Hudson
Preservation Conference v. Federal Power Commission” which stopped a power plant from
operating. The court ruled that a group of citizens has standing in court to challenge a
development because of environmental concerns.

Environmental law is administrative law

A great deal of environmental law enforcement takes place through administrative law. The EPA
might investigate a violation and bring administrative action to its own officials. Lawyers
represent the EPA at these hearings, and they represent the people and corporations who are
accused of violating rules. Those who are found responsible for violating the rules may appeal
the decision to the courts. Most violations are a civil offense, but there are also criminal penalties
for serious offenders.

State-level environmental regulations

Even though there are federal laws and international agreements regarding environmental law,
there is also a great deal of state and local laws regarding the environment. Each state has an
agency to manage and regulate natural resources in the state. They set regulations on how people
can hunt and fish. Most states also have an agency for regulating environmental quality.

When the law and the environment intersect

Environmental lawyers grapple with whether and how lawmakers should regulate the
environment. When those decisions are made, lawyers help their clients implement regulations in
the best ways possible. Lawyers for government agencies and for individuals provide a critical
public service in creating, enforcing and challenging environmental laws and regulations
throughout the Country.

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Constitutional Interpretation of Environment:-

 The 42nd Amendment to the Constitution of India added Article 48A and 51A(g)
which comes under the Directive Principle of State Policy and the Fundamental
Duties respectively. The Supreme Court of India in “Sachidanand Pandey v. State of
West Bengal1” stated that the Court is bound to bear in mind the above said articles
whenever a case related to Environmental problem is brought to the Court.
 Article 48A states: “The State shall endeavor to protect and improve the environment
and to safeguard the forest and wildlife of the country.”
 Article 51A(g) imposes a duty upon every citizen of India to protect and improve the
natural environment and confers the right to come before the Court for appropriate
relief.
 The Apex Court in “Damodar Rao v. S.O. Municipal Corporation 2” held that the
environmental pollution and spoliation which is slowly poisoning and polluting the
atmosphere should also be regarded as amounting to a violation of Article 21 of the
Indian Constitution.

Public Liability and Public Nuisance:-

 “M.C. Mehta and Anr. Etc vs. Union Of India and Ors. Etc 3” discusses the concept of
Public Liability. This case is also known as Oleum Leakage Case. It is a landmark
judgment in which the principle of Absolute Liability was laid down by the Supreme
Court of India. The Court held that the permission for carrying out any hazardous
industry very close to human habitation could not be given and the industry was
relocated.
 The instant case evolved the “Deep Pocket Principle”. This judgment guided the
Parliament to add a new chapter to the Factory Act, 1948. The Public Liability Act

1
A.I.R 1987 SC 1109.
2
A.I.R 1987 AP 171.
3
1986 SCR (1) 312.

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was passed and the policy for the Abatement of Pollution Control was also
established.
 When the Directive Principles of State Policy has clear statutory expressions then the
Court will not allow Municipal Government to make fun of the Statutes by sitting
idly. It was decided by the Supreme Court in the “Municipal Corporation, Ratlam vs.
Vardhichand4”. The plea of lack of funds will be poor alibi when people in misery cry
for justice. The office in charge and even the elected representatives will have to face
a penalty if they violate the constitutional and other statutory directives.

Sustainable Development

 The Bench of Justices PN Bhagwati and Ranganath Mishra in “Rural Litigation and
Entitlement Kendra, Dehradun vs. State of Uttar Pradesh 5” introduced the concept of
“Sustainable Development”.An NGO named RLEK filed a case against limestone
quarrying in the valley in 1987.
 It was stated that the permanent assets of mankind are not to be exhausted in one
generation. The natural resources should be used with requisite attention and care so
that ecology and environment may not be affected in any serious way.

Environmental Impact Assessment

 Justice Jeevan Reddy in the landmark judgment of “Indian Council for Enviro-Legal
Action vs. Union of India6” held that the financial costs of preventing or remedying
damage caused by pollution should lie with the undertakings which cause pollution by
adopting the “Polluter Pays Principle”.
 The Court set a time limit for the coastal states to formulate coastal management plans
and banned industrial or construction activity within 500 meters of the High Tide
Line.

4
A.I.R 1980 SC 1622.
5
A.I.R 1987 SC 2187.
6
A.I.R 1999 SC 1502.

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Water Pollution

 The writ petition filed by the activist advocate M.C. Mehta in the Supreme Court
highlighted the pollution of the Ganga river by the hazardous industries located on its
banks. Justice ES Venkataramiah gave a historic judgment in “M.C. Mehta vs. Union
of India7” ordering the closure of a number of polluting tanneries near Kanpur.

 In this judgment, it was observed that just like an industry that cannot pay minimum
wages to its workers cannot be allowed to exist, a tannery which cannot set up a
primary treatment plant cannot be permitted to continue to be in existence.

Animal Welfare

 The Hon’ble Supreme Court in prohibited Jallikattu and other animal races and fights.
It was observed that the Bulls cannot be performing animals in the case of the
“Animal Welfare Board of India vs. A. Nagaraj and Ors.8”.
 The court alluded to the section 3 and section 11 of the Prevention of Cruelty to
Animals Act, 1960 and declared that animal fights incited by humans are illegal, even
those carried out under the guise of tradition and culture. The Court listed various
recommendations and overhauled the penalties and punishment in the Prevention of
Cruelty to Animals Act, 1960 to function effectively.

Air Pollution

 The pride of India and one of the wonders of the world i.e., the Taj Mahal, was facing
threat due to high toxic emissions from Mathura Refineries, Iron Foundries, Glass and
other chemical industries. The acid rain was a serious threat to the Taj Mahal a 255
other historic monuments within the Taj Trapezium.

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A.I.R 1988 SCR (2) 538.
8
(2014) 7 SCC 547.

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 The Apex Court in “M.C. Mehta vs. Union of India (Taj Trapezium Case) 9” delivered
its historic judgment in 1996 giving various directions including banning the use of
coal and cake and directing the industries to Compressed Natural Gas (CNG).

Environmental Awareness and Education Case

 The Supreme Court in “M.C. Mehta vs. Union of India 10” ordered the Cinema theatres
all over the country to exhibit two slides free of cost on the environment in each show.
Their licenses will be canceled if they fail to do so. The Television network in the
country will give 5 to 7 minutes to televise programs on the environment apart from
giving a regular weekly program on the environment.
 The environment has become a compulsory subject up to 12th standard from
academic session 1992 and University Grants Commission will also introduce this
subject in higher classes in different Universities.

Wildlife and Forest Protection Case

 The livelihood of forest dwellers in the Nilgiri region of Tamil Nadu was affected by
the destruction of forests. The Supreme Court in “TN Godavarman Thirumulpad vs.
Union of India and Ors.” passed a series of directions since 1995, till the final
judgment in 2014.
 The Apex Court decided to set up a Compensatory Afforestation Funds Management
and Planning Authority (CAMPA) to monitor the aforestation efforts, to oversee the
compensation who suffered on account of deforestation, and to accelerate activities
for preservation of natural forests.
 A writ petition was filed by the Tarun Bharat Sangh in the Supreme Court to stop
mining activities in the Sariska Wildlife Sanctuary.
 The Court in the case of “The Tarun Bharat Sangh vs. Union of India and Ors.
(1991)” banned all the mining activities in the Sanctuary.
9
A.I.R 1987.
10
W.P. 860/(1991)

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Public Trust and Right to Life

 The Bench of Justices Kuldip Singh and Sagir Ahmed held that the Government
violated the Doctrine of Public Trust in “M.C. Mehta vs. Kamal Nath and Ors.
(1996)”. The Himachal Pradesh State Government had leased out a protected forest
area on the bank of river Beas to motels, for commercial purposes.
 In 1996, the Supreme Court passed a judgment that would hold the State more
responsible for maintaining natural resources.
 The Right to Pollution Free Environment was declared to be a part of Right to Life
under Article 21 of the Constitution of India in the case of “Subhash Kumar vs. State
of Bihar and Ors. (1991)”. Right to Life is a Fundamental Right which includes the
Right of enjoyment of pollution-free water and air for full enjoyment of life.  

A practice in controversy
Environmental laws are controversial. Lawmakers must debate the necessity, fairness, and cost-
effectiveness of environmental regulations. It’s often difficult to do a cost-benefit analysis of
environmental regulations because it can be difficult to calculate the cost of regulation. Even
when you can calculate the cost of regulation, people may have a great deal of disagreement
about the benefits of regulation.

Practicing environmental law requires a certain amount of diplomacy. You might have to speak
to a local, municipal government about the benefits or dangers of a regulation. You may be an
international diplomat discussing the same issues with a foreign government. If you’re
representing a corporation, you need to be able to work effectively with government agents if
your corporation is accused of wrongdoing. For environmental lawyers, the ability to work with
people is a critical legal skill.

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BIBLIOGRAPHY

1. https://legalcareerpath.com/what-is-environmental-law/
2. https://blog.ipleaders.in/environment-law-judgment/
3. https://www.scconline.com

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