INSTITUTE OF LAW

NIRMA UNIVERSITY

Environmental Law (2BL644)

CE-II Assignment

DRAFTING OF REPRESENTATION

Submitted to: Submitted by:

Dr. Parna Mukherjee Abhinav Srivastava (21bal161)
Assistant Professor Aditi Kashyap (21bal162)
Environmental Law Akriti Akhaury (21bal166)
Institute of Law, Sejal Chhablani (21bal206)
Nirma University Shivansh Tyagi (21bal212)
 THEME
Sustainable Energy Endeavor: Balancing Advancement with Conservation

PARTIES
HydroPower Dynamics, a prominent renewable energy company, is initiating a significant
hydroelectric plant project in riverine regions of Aries. The project entails constructing a
considerable number of hydroelectric turbines along river courses to harness water energy for
power generation. HydroPower Dynamics intends to secure land, including riverbanks and
surrounding areas, for the development of hydroelectric plants and associated infrastructure.

EcoWatch, an environmental advocacy group committed to preserving natural environments

and biodiversity, has expressed apprehensions regarding the potential environmental
repercussions of HydroPower Dynamics' hydroelectric plant project. EcoWatch seeks to
contest the project through legal avenues, advocating for more stringent environmental policies
and measures to protect fragile ecosystems and wildlife habitats.

BACKGROUND

In light of the increasing need for sustainable energy, HydroPower Dynamics is directing
investments towards renewable energy initiatives, such as hydroelectric plants, to diminish
dependency on fossil fuels and address climate change concerns. Nevertheless, the planned
hydroelectric plant project has prompted concerns from environmental organizations like
EcoWatch, which are apprehensive about its potential effects on riverine ecosystems, migratory
bird habitats, and aquatic biodiversity.

OBJECTION

EcoWatch is against HydroPower Dynamics' hydroelectric plant project due to its perceived
substantial environmental hazards and potential harm to wildlife habitats. They contend that
building and running hydroelectric turbines might disrupt delicate riverine ecosystems,
jeopardize endangered species, and interfere with migratory bird pathways. EcoWatch intends
to provide persuasive evidence, such as scientific research and ecological evaluations, to
bolster their argument and push for alternative projects that are more sustainable and
environmentally sound.

INFORMATION ABOUT ECOWATCH

EcoWatch, a renowned environmental non-governmental organization (NGO), has a proven

history of championing conservation efforts and safeguarding the environment. With a
dedication to preserving biodiversity and natural landscapes, EcoWatch operates on a global
scale, engaging with local communities, governmental bodies, and various stakeholders to
advance sustainable development practices.

The NGO's expertise encompasses a range of environmental concerns, spanning from habitat
preservation and wildlife safeguarding to mitigating the impacts of climate change. Through
collaboration with scientific experts, legal professionals, and grassroots organizations,
EcoWatch advocates for the implementation of more stringent environmental regulations and
policies.

In regards to HydroPower Dynamics' hydroelectric plant project, EcoWatch is committed to

upholding principles of environmental equity and ensuring that development endeavors
prioritize the enduring well-being and resilience of both ecosystems and communities.
 LETTER OF REPRESENTATION

Date: 09/04/24

To,
The Secretary
The Ministry of Environment and Power
Government of Aries,
Tel- 055-27364832

Subject: Opposition to the Proposed Hydroelectric Plant Project by HydroPower Dynamics

Dear Secretary,

We are writing to you on behalf of EcoWatch, a prominent environmental advocacy

organization committed to the preservation of natural ecosystems and biodiversity. Our
organization has been informed about HydroPower Dynamics' proposal for a hydroelectric
plant project in riverine regions of Brazil, and we wish to express our firm objection to this
endeavor.

As you are aware, HydroPower Dynamics, a leading renewable energy company, has put forth
plans to establish a hydroelectric plant consisting of numerous turbines along river courses.
While we recognize the importance of transitioning towards sustainable energy sources, it is
crucial to thoroughly assess the potential environmental impacts of such undertakings.

The proposed hydroelectric plant project raises significant concerns regarding riverine
ecosystems, wildlife habitats, and aquatic biodiversity. Drawing upon our expertise and
research, we have identified various apprehensions associated with the construction and
operation of hydroelectric turbines in delicate riverine environments. These concerns
encompass habitat disturbances, potential threats to endangered species, and disruptions to
migratory patterns of aquatic wildlife.

Additionally, we have noted instances in previous projects where environmental regulations

were disregarded, leading to detrimental outcomes for local ecosystems and communities. We
firmly believe that the proposed hydroelectric plant project by HydroPower Dynamics will only
compound these existing environmental challenges.
We urge the pertinent authorities to reassess the approval of HydroPower Dynamics'
hydroelectric plant project and to prioritize the safeguarding of riverine ecosystems and
wildlife habitats. Instead of proceeding with this project, we advocate for exploring alternative
renewable energy solutions that minimize environmental harm and uphold sustainability
principles.

To substantiate our objections, we have enclosed pertinent scientific research and ecological
evaluations highlighting the potential risks linked with hydroelectric plant development in
riverine regions.

We appreciate your attention to this issue and urge you to act in the best interests of
environmental preservation and public well-being. Thank you for considering our concerns,
and we remain available for any further discussions or clarifications.

Sincerely,

Ms. Emma

EcoWatch

EcoWatch134@gmail.com

7890123555
 ANALYSIS
EcoWatch, an environmental non-governmental organization (NGO) committed to
conservation efforts, has conducted a comprehensive examination of the environmental
ramifications associated with hydroelectric plants. Following meticulous scrutiny, EcoWatch
has pinpointed numerous significant concerns and suggested a series of measures to prevent or
alleviate the installation of hydroelectric turbines by HydroPower Dynamics, a company with
plans for hydroelectric energy projects, as follows:

1. ENVIRONMENTAL IMPACT ASSESSMENT: EcoWatch advocates for HydroPower

Dynamics to undertake a thorough environmental impact assessment (EIA) prior to
advancing any hydroelectric turbine installations. This evaluation should encompass an
examination of potential effects on natural water temperatures, water chemistry, river
flow characteristics, and silt loads, alongside an assessment of native plants and on
animals in and around the river and other pertinent environmental variables.
2. STAKEHOLDER ENGAGEMENT: EcoWatch emphasizes the importance of Hydropower
Dynamics collaborating with local communities, environmental groups, and pertinent
stakeholders during both the planning and execution phases of hydroelectric plant
projects. transparency and community participation are crucial for addressing
apprehensions and ensuring that proposed hydroelectric energy initiatives are socially
and environmentally accountable.
3. MITIGATION MEASURES: EcoWatch suggests adopting mitigation strategies to reduce
the negative impacts of hydroelectric plants on wildlife habitats. These measures could
involve carefully situating turbines to steer clear of delicate areas, employing acoustic
or visual deterrents to discourage birds and bats, and exploring alternative turbine
designs or operational speeds.
4. POLICY ADVOCACY: EcoWatch promotes the establishment and enforcement of
policies and regulations that encourage sustainable hydroelectric energy development
while protecting environmental and aquatic life concerns. This could entail lobbying
for guidelines that prioritize aquatic life conservation in site selection, offering
incentives for researching alternative turbine technologies, and implementing more
rigorous environmental criteria for hydroelectric plant projects.
5. VIOLATION OF GUIDELINES:- The 25-MW Andhra Lake Hydroelectric Project,
spanning across 14 villages and encompassing 194.66 hectares of reserved forest land
near the Rajgarh Sanctuary, failed to adhere to prescribed distance guidelines from
 sensitive areas. Criticism from the Western Ghats Ecology Expert Panel (WGEEP) was
directed towards this project for its regulatory violations. Similarly, the Moorkangudda
Hydroelectric Project in Karnataka, proposed within a vital corridor linking the
southern and northern Western Ghats, was rejected by courts due to potential risks
posed to endangered aquatic life. Despite this, the project developer had obtained
permission for installation.
6. RESEARCH:- EcoWatch stresses the significance of continuous research and innovation
to advance hydroelectric technology and mitigate environmental impacts. HydroPower
Dynamics should allocate resources to research and development endeavours aimed at
enhancing turbine efficiency, minimizing manufacturing emissions, and improving
measures for aquatic life protection.

By taking these actions, HydroPower Dynamics can demonstrate its commitment to

environmentally responsible energy development while addressing the concerns raised by
EcoWatch and other stakeholders.
 CAUSE OF ACTION

As a prominent environmental advocacy group, EcoWatch strongly opposes HydroPower

Dynamics' hydroelectric plant project because of significant apprehensions regarding its
potential detrimental environmental effects. The basis for EcoWatch's objection to the project
stems from the following rationales:

1. IMPACTS ON HUMAN SETTLEMENTS:

Hydroelectric plants, with their towering structures, can cause visual disturbances and aesthetic
alterations, especially in scenic areas. Operational plants can generate noise and shadow
effects, particularly noticeable during sunrise and sunset. Concerns regarding noise pollution
from hydroelectric plants have been noted, with guidelines recommending limitations on
exposure. For instance, the UK government advises restricting shadow flicker exposure for
nearby residents.

2. CONCERNS FOR BIODIVERSITY AND AQUATIC LIFE:

Hydroelectric plants present risks of aquatic collisions, with numerous bird species vulnerable
to rotor blade strikes. Predatory birds, in particular, face heightened collision risks, while bats
in water-rich regions may be affected by changes in water pressure and temperature near
turbines. Globally, bird fatalities resulting from turbine collisions predominantly affect larger
predators and endangered species, potentially threatening entire populations.

3. HABITAT DISRUPTION AND FRAGMENTATION:

The construction of hydroelectric plants involves activities like road building and site
preparation, which can lead to significant deforestation. Linear fragmentation caused by
infrastructure development disrupts wildlife corridors and migration patterns, impacting the
behavior and movement of aquatic animals. Case studies, such as the Nallakonda Hydroelectric
Project, underscore the substantial environmental damage, including forest loss and associated
soil erosion and landslides.

4. REGULATORY AND COMPLIANCE ISSUES:

Hydroelectric plants contribute to noise pollution, regulated under existing environmental laws.
However, there is often a lack of specific provisions addressing natural areas like forests and
wildlife sanctuaries, where hydroelectric installations could potentially disturb wildlife. The
absence of comprehensive environmental impact assessments (EIAs) for projects like the
Nallakonda Hydroelectric Project raises concerns about the effectiveness of regulatory
oversight and the assessment of environmental impacts.

5. ADVOCATING FOR ENVIRONMENTAL JUSTICE:

EcoWatch prioritizes principles of environmental justice, striving for equitable distribution of

environmental benefits and burdens. The proposed hydroelectric plant project raises concerns
about potential disparities in environmental impact, with marginalized communities and
vulnerable ecosystems possibly bearing the brunt of adverse consequences. EcoWatch opposes
the project to ensure that environmental decision-making processes prioritize the interests of
affected communities and ecosystems, particularly those disproportionately impacted by
industrial developments.
 REMEDIES SOUGHT

STRINGENT ADHERENCE TO FOREST LAWS AND GUIDELINES:

It is imperative to strictly adhere to the regulations outlined in the Forest Act and associated
guidelines governing the conversion of forest land for non-forest purposes. EcoWatch
emphasizes the need for thorough Environmental Impact Assessments (EIAs) and biodiversity
assessments to precede the approval of hydroelectric plant projects, aiming to evaluate potential
environmental risks and mitigate adverse effects.

ENHANCED MONITORING AND COMPLIANCE MECHANISMS:

EcoWatch advocates for the implementation of robust monitoring mechanisms to ensure

compliance with environmental regulations throughout the lifecycle of hydroelectric plant
projects. Additionally, the establishment of regulatory bodies tasked with overseeing
hydroelectric energy development is crucial for enforcing adherence to environmental
safeguards and legal provisions.

COMMUNITY ENGAGEMENT AND CONSULTATION:

Meaningful community engagement and consultation processes should be integral to the

planning and decision-making phases of hydroelectric plant projects. This approach fosters
transparency and inclusivity, ensuring that local communities, indigenous groups, and
stakeholders are actively involved in decision-making processes and have a say in determining
the location and development of hydroelectric energy projects.

PROTECTION OF SENSITIVE ECOSYSTEMS AND WILDLIFE HABITATS:

EcoWatch calls for the protection of environmentally sensitive areas, such as national parks,
wildlife sanctuaries, and crucial bird habitats, from consideration for hydroelectric energy
development. Implementing buffer zones and regulations for safe distances is essential to
minimize the risk of habitat destruction, wildlife displacement, and species endangerment
resulting from hydroelectric plant installations.
SUSPENSION OR CANCELLATION:

EcoWatch urges the immediate suspension or cancellation of proposed hydroelectric plant

projects until comprehensive environmental assessments are conducted and potential risks to
aquatic life and local communities are adequately addressed.
 PRAYER

WHEREFORE, premises considered, the Applicant, EcoWatch, respectfully prays for the following
reliefs:

I. Order Injunction Against Installation of water turbines restraining Hydropower

Dynamics from proceeding with the installation.
II. Order immediate enforcement of compliance in residential areas including obtaining
permits, conducting environmental impact assessments, and adhering to safety
standards.
III. Order costs and further relief as this Hon’ble forum deems fit and proper in the
circumstances of the case be granted.

All of which is most humbly & respectfully prayed.

Sd/-
Place: Aries

Ms. Emma
Date: April 09, 2024
Director,
EcoWatch
ANNEXURES