Environmental Law

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Environmental Law

In the Constitution of India it is clearly stated that it is the duty of the state to protect and improve the environment and to safeguard the forests and wildlife of the country’. It imposes a duty on every citizen ‘to protect and improve the natural environment including forests, lakes, rivers, and wildlife’. Reference to the environment has also been made in the Directive Principles of State Policy as well as the Fundamental Rights. The Department of Environment was established in India in 1980 to ensure a healthy environment for the country. This later became the Ministry of Environment and Forests in 1985.

The constitutional provisions are backed by a number of laws – acts, rules, and notifications. The EPA (Environment Protection Act), 1986 came into force soon after the Bhopal Gas Tragedy and is considered an umbrella legislation as it fills many gaps in the existing laws. Thereafter a large number of laws came into existence as the problems began arising, for example, Handling and Management of Hazardous Waste Rules in 1989. The main environmental laws in India include the:

Water (Prevention and Control of Pollution) Act 1974 (Water Act), which also initially identified the powers, functions and hierarchy of the environmental agencies, the Central Pollution Control Board and the State Pollution Control Boards.
Air (Prevention and Control of Pollution) Act 1981 (Air Act).
Environment (Protection) Act 1986 (EP Act).This is an umbrella law enables the central government to take measures it deems necessary to protect and improve the environment, and to prevent, control and abate environmental pollution. A wide range of rules and notifications have been adopted under it, such as the:
E-Waste (Management) Rules 2016;
Bio-Medical Waste Management Rules 2016;
Construction and Demolition Waste Management Rules 2016;
Hazardous and Other Waste (Management and Trans boundary Movement) Rules 2016;
Manufacture, Storage and Import of Hazardous Chemicals Rules 1989;
Coastal Regulation Zone Notification 2011; and
Environment Impact Assessment Notification 2006.
Plastic Waste Management Rules 2016);
Wild Life (Protection) Act 1972.
Forest (Conservation) Act 1980.
Public Liability Insurance Act 1991.
Biological Diversity Act 2002.
National Green Tribunal Act 2010.

Regulatory authorities:

The key regulatory authorities are the:-Ministry of Environment, Forest and Climate Change.

Central Pollution Control Board (CPCB).
State Pollution Control Boards (SPCB).

Nature of Dispute

A claim for Compensation can be made for:–

Relief/compensation to the victims of pollution and other environmental damage including accidents involving hazardous substances.
Restitution of property damaged / Redress those affected.
Restitution of the environment for such areas as determined by the NGT.

Promote sustainable development.
Environmental restoration.
Implement legislation.
Reinforce the rule of law.

Our services

We are handling all environmental clearance matters before NGT, High Court, Supreme courts, and other Appellate authority.

We are handling prosecution matters under Environmental Protection Act.
Fling of applications for consent and renewal of consent to operate for industrial units, establishments, projects by experts on environmental laws with precision and accuracy.

Our services are related to obtaining necessary government permissions, permits, and compliance under The Environmental Protection Act.
Services are pertaining to environmental compliance for industrial establishments, factories, hotels, hospitals, mining projects, construction projects.

Environmental law documentation related to all compliance’s and audits.
We are regularly advising clients on the regulatory compliances under the provisions of the Water (Prevention and Control of Pollution) Act, 1974; Air (Prevention and Control of Pollution) Act, 1981; Environment (Protection) Act, 1986 and the rules framed there-under. We are also advising clients including real estate companies on issues relating to groundwater usage and waste management.

We have advised clients on environmental issues in real-estate, infrastructure and energy sectors besides advising on emission reduction.
We are also socially-conscious lawyers we are also involved with pro-bono matters concerning saving the tigers and others animals in India and protection and conservation of India’s coastline.