Environment Laws Practice
Our Environment Laws practice advises businesses on EIA clearances, pollution control board consents, hazardous waste management compliance, environmental due diligence for transactions, and representation before the National Green Tribunal. India’s environmental regulatory framework is one of the most extensive in the world — and in our experience, the environmental compliance gaps most likely to affect a business are the ones that surface during transactions, project commissioning, or NGT proceedings initiated by third parties.
- The EIA Notification, 2006 requires prior environmental clearance from MoEFCC for specified project categories before construction or operation. Missing this requirement is a post-completion risk — the NGT has ordered demolitions of projects built without EC.
- Consent to Establish and Consent to Operate from the State Pollution Control Board are mandatory for industries in specified categories under the Water Act, 1974 and the Air Act, 1981. Renewal timelines must be managed proactively.
- Hazardous waste generation, handling, and disposal under the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 carry criminal liability for the occupier and the person responsible for management.
- The National Green Tribunal has civil court powers and has ordered project demolitions, closure of industrial units, and compensation awards against both public authorities and private parties.
- Environmental liability in M&A transactions can attach to an acquiring entity. Acquiring a manufacturing or industrial business without environmental due diligence means acquiring the liability for everything that happened on that land before acquisition.
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Environmental Impact Assessment — Clearance and Compliance
We advise on the EIA process under the EIA Notification, 2006 for projects requiring prior environmental clearance from the Ministry of Environment, Forest and Climate Change (MoEFCC) or the State Environmental Impact Assessment Authority (SEIAA). The EIA process involves: screening; scoping; public consultation (mandatory for most Category A and B1 projects); technical appraisal by the Expert Appraisal Committee; and grant or refusal of environmental clearance. We advise on compliance with EC conditions post-grant, on the amendment process when project parameters change, and on the consequences of commencing construction or operation before EC is granted. In the latter case — which has become a significant source of NGT proceedings — we advise on regularisation applications and represent clients before the NGT.
Pollution Control Board Consents and Compliance
We advise industrial units and infrastructure projects on obtaining and renewing Consent to Establish and Consent to Operate from State Pollution Control Boards under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981. Consent categories (Red, Orange, Green, White) determine the applicable inspection and reporting regime. We advise on compliance with consent conditions and on representation in Show Cause proceedings initiated by State PCBs.
“A missed environmental clearance in India is not just a regulatory problem at project inception — it is a project completion and operational continuity risk. The NGT has ordered demolitions of projects built without EC.”NGT Proceedings — Our Advocacy Practice
The National Green Tribunal, established under the National Green Tribunal Act, 2010, exercises original jurisdiction over civil cases involving substantial questions relating to the environment and appellate jurisdiction against specified orders of environmental regulators. The NGT has Principal Bench at New Delhi and Circuit Benches at Bhopal, Pune, Kolkata, and Chennai. We represent businesses, project proponents, and regulatory authorities before all NGT benches in original applications, interlocutory applications for stay, and appeals against environmental clearance decisions.
Environmental Due Diligence for Transactions
We conduct environmental due diligence as part of M&A and project finance transactions — examining the target’s compliance with the EIA Notification, PCB consents, hazardous waste regulations, and any pending environmental proceedings or notices. Environmental liability in India can attach to an acquiring entity — particularly where remediation of contaminated land is required. We advise acquirers on structuring environmental indemnities and on the due diligence depth appropriate to the target’s sector and history. Across 13 partners and 220+ professionals from offices in New Delhi, Mumbai, Chennai, Hyderabad, and Bangalore.
Frequently Asked Questions
environment-laws-practice-faq
The EIA Notification, 2006 prescribes two categories of projects requiring prior environmental clearance: Category A projects, which require clearance from the MoEFCC, and Category B projects, which require clearance from the State Environmental Impact Assessment Authority. The categories are set out in Schedule I of the Notification and cover projects in sectors including mining, thermal power, petroleum, chemicals, infrastructure, and real estate above specified thresholds. The EIA Notification has been amended multiple times; verify the current version from the MoEFCC website before any project determination.
The National Green Tribunal, constituted under the National Green Tribunal Act, 2010, has original jurisdiction over civil cases involving substantial questions relating to the environment including enforcement of legal rights relating to the environment, and appellate jurisdiction against orders of environmental regulators including MoEFCC and State PCBs. The NGT can award compensation, order remediation, and impose penalties. It has Principal Bench at New Delhi and Circuit Benches at Bhopal, Pune, Kolkata, and Chennai.
Penalties for environmental law violations vary by statute. Under the Environment (Protection) Act, 1986, violations carry imprisonment up to five years or a fine up to one lakh rupees, or both, escalating to seven years and higher fines for continuing violations. Under the Water Act and Air Act, similar criminal penalties apply. Under the Hazardous Waste Rules, criminal liability under the Environment Protection Act applies. The NGT can also award compensation and direct remediation, the cost of which frequently exceeds statutory penalties.
Environmental due diligence is not legally mandated in Indian M&A transactions, but its absence transfers all historical environmental liability to the acquirer. Where a target has manufacturing, industrial, or mining operations, or holds land that has been used for such purposes, environmental due diligence examines compliance with the EIA Notification, PCB consents, hazardous waste authorisations, and any pending NGT proceedings or PCB enforcement actions. Environmental indemnities in the SPA are the acquirer’s primary protection.
An environmental compliance audit examines a business’s current compliance with all applicable environmental authorisations and obligations — EIA clearance conditions, PCB consent conditions, hazardous waste authorisations, and applicable notification and reporting obligations. Businesses typically conduct compliance audits proactively before renewing authorisations, before a transaction, or in response to a PCB inquiry. An audit that identifies compliance gaps early allows remediation before a regulatory notice makes the gap public.