this is a process of forgetting, i say. do read.
A high-level committee headed by former cabinet secretary TSR Subramanian has, among other things, proposed a radical overhaul of how India ensures compliance with environmental clearances. Arguing that the present system, built around physical inspection by government employees, has created a rent-seeking ‘inspector raj’, the committee — which was set up by the government to review environment-related laws — has proposed an “utmost good faith clause”… In both environmental and industry circles, there is scepticism about the proposal.
The good faith clause is built on the assumption that industry will provide data which might be used against it. In this story, I argue the system will, ergo, get gamed.
Belying the pessimism which surrounded its formation, a committee set up by the environment ministry has submitted a hard-hitting report. Among other things, the committee, headed by former cabinet secretary TSR Subramanian, has recommended that project approvals should be granted not by the environment ministry but by a new National Environment Management Authority (NEMA). It has also proposed that state pollution control boards (SPCBs) be merged into state-level equivalents of the NEMA and that, most importantly, they be made accountable to the Union government.
and then, there is this story on its environmental track record till now.
If environment minister Prakash Javadekar’s tweets are anything to go by, India is treading a fine balance between development and environmental protection. For instance, on May 31, shortly after taking charge at Paryavaran Bhawan, he tweeted: “The government believes in #environment and #development, and not environment vs development.” However, a look at the ministry’s major decisions between then and now suggests that in the NDA, much like the UPA, the conflict is real.
Even as the ministry of environment met its March 31 deadline to submit a plan to the Supreme Court for a new environment regulator, a set of academics, activists and environmental lawyers have weighed in with their own design. Concerned that the ministry version “would not meet the minimum standards of an independent regulatory authority”, this set, called Watchdog and Action Group for the Environment, have proposed an authority that has greater powers and independence than the design proposed by the environment ministry.
this latest development is a good one. some of the suggestions this group makes are very good. more than that, this is one step towards broadening and deepening the debate on the sort of environment authority india should have.
Tasked by the Supreme Court with creating a new and independent environment authority, the Ministry of Environment & Forests wants to retain its say in choosing the panel of experts to vet projects, a Cabinet note on the matter shows. This is a change from its earlier position, where the ministry said it would relinquish its powers in such appointments to avoid conflict of interest, and defeats the objective of having a truly independent regulator, says a senior government official…
i have been almost fully out of action for two weeks now. fell ill. still limping back to bloody full normalcy. anyway, here, one of the first stories i filed after getting back. an update on the proposed environment authority — i have been incorrectly calling it regulator till now.
ps – also see these stories on the env authority. one, a larger story on what the moef (ministry of environment and forests, india) proposes to create. and two, an indepth interview with utah university law prof william lockhart re the moef blueprint. this, incidentally, is an idea that has been doing the rounds for a while. the last time india tried to create one was in 2010. see these two stories on the proposed national environment protection authority (nepa) — one, and two. later, this became the national environment assessment and monitoring agency. and then, it went on the backburner before the SC dragged it out of oblivion. see this epw piece on neama by environment lawyer shibani ghosh.