Environment Law is based on heuristics having elements in Common Law, Economics, Business and Politics. My presentation covered this vast and emerging area in a nutshell for the Management students of IIML at their Noida Campus. It makes good business sense for the small and medium enterprises to understand and use these emerging technologies and opportunities in order to add to their profitability as well as to save our planet Earth.

1. Environmental law and its applications
Rajeev Kumar
(All view expressed in this presentation are my
personal views)
Indian Institute of Management Lucknow
Noida Campus
20.11.2015 1

2. Plan for presentation
Time available: 90 minutes
Discussion : 15 minutes
environmental law targets?
Presentation : 45 minutes
Environmental goods
Valuation
Regulatory
Prescriptive
Discussion: 15 minutes
Successes /failures in mitigating environmental change?
Closing remarks……………………
questions…………………………….. 2

3. Environmental goods
3

4. Environmental goods
• Air
• Water
• Natural surroundings
• Non market goods
• Change in quality thereof
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5. • Use
• Non –use
• Existence
• Option
• Vicarious
• Bequest
• Quasi-option
Typology of values of environmental goods
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6. Measurement of values
• Transaction to equate the change in environment and
the money value
• Pay to not to change
• Accept to allow change
• Direct valuation methods or stated preference methods
• Contingent Valuation Method (CVM)
• Choice Modeling
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7. • Techniques for evaluating change in non
market goods
• Direct Valuation or Stated Preference
Method
• Contingent Valuation (CV) method
(WTP/ WTA)
• Choice modeling……….combinations of
change and values
• Indirect method
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8. Basic set up
• An introductory section that helps set the general
context for the decision to be made;
• A detailed description of the good, service, or project
to be offered to the respondents;
• The institutional setting in which the good will be
provided;
• The manner in which the respondent is to pay for the
good;
CV Method
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9. Use focus groups
Pretest questionnaire
Use realistic valuation and credible payment- willingness to pay to
get athe identified service or the good with an identified timeline
Payment linked to the availability of the good
Use debriefing techniques
‘art of asking questions’
Good econometrics
sample size
randomized 9

10. • Survey techniques
• Components of surveys
• Randomization
• Sample size
• Econometric tools
• Statistical software
Survey Methodology
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11. Exxon Valdez Oil Spill (1989)
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12. • Indirect valuation methods or
revealed preference methods
• Travel Cost Method
• Hedonic Price Method
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13. Travel Cost method
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14. Are you a home owner?
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15. 15

16. • 1948 Donora, PA 20 people died
• 1952 London Fog killed over 3000
people
• 1982 Bhopal Gas Tragedy killed over
3000 people
Major environmental disasters
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17. Bhopal Gas Tragedy (1984)
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18. Hazardous chemicals management
• Factories Act 1948 has provisions for storage of hazardous
substances.
• In 1996, the Central Government framed the Chemical Accidents
(Emergency, Planning, Preparedness and Response) Rules to
Supplement the Hazardous Chemical Rules of 1989.
• Hazardous Wastes (Management, Handling and Transboundary
Movement) Rules, 2008
• Defines the role of ‘occupier’
• generation, handling, collection, reception, treatment,
transport, storage, recycling, reprocessing, recovery, reuse
and disposal of hazardous wastes.
• Several forms and schedules 18

19. Donora, PA Smog (1948)
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20. London Fog (1952)
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21. Environmental pollution
• Command and control
• Prescriptive
• Technology- specific
• Cap and Trade
• Taxation = value of the negative externality
• US Model
• Sulphur dioxide trading (1990)
• Carbon dioxide trading?
• European trading in Carbon (EU ETS) (2005)
• covers more than 11,000 power stations and manufacturing plants in
the 28 EU member states as well as Iceland, Liechtenstein and Norway
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22. Kyoto protocol (1997)
• Clean Development Mechanism,
• Project based exchange between industrialized and
developing countries
• Joint Implementation,
• Project based exchange between industrialized
countries
• Intergovernmental Emissions Trading
• Exchange of caps between industrialized countries
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23. Sampling of smoke in India
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24. • Clean Air Act was passed and US EPA was
constituted in 1970 (original 1963),
revised in 1990.
• State Implementation Plans in the US
context
• Resource Conservation and Recovery Act
1976
US Context
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25. • Constitution has environment related entries
in all the Lists
• Supreme Court in Subhas Kumar V. State of
Bihar (AIR 1991 SC 420) held that right to
environment is a fundamental right of every
citizen of India and is included in the “right to
life” guaranteed under Article 21 of the
Constitution of India.
• Air Act 1981, Water Act 1974 and Environment
Protection Act 1986
Indian context
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26. Union List Entries
• Industries
• Regulation and development of oil fields and mineral oil resources
• Regulation of mines and mineral development
• Regulation and development of inter-State rivers and river valleys
• Fishing and fisheries beyond territorial waters.
State List Entries
• Public health and sanitation
• Agriculture, protection against pest and prevention of plant diseases.
• Land, colonization, etc.
• Fisheries
• Regulation of mines and mineral development subject to the provisions of
List-I
• Industries subject to the provisions of List-I.
Common or Concurrent List Entries
• Forests
• Protection of wild animals and birds
• Economic and social planning
• Population control and family planning
Indian Context
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27. • Article 48-A of the Constitution under
Directive Principles of State Policy and Article
51 A(g) of the Constitution under
Fundamental Duties.
• Responsibility of the State Government to
protect and improve the environment and
to safeguard the forests and wildlife of the
country.
• Every citizen to protect and improve the
natural environment including forests,
lakes, rivers and wildlife and to have
compassion for living creatures.
Indian Context
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28. Panchayats are assigned with the powers to perform such functions as
mentioned in 29 subjects, in the Eleventh Schedule of the Constitution. Among
them, the following are related to environment.
• Agriculture, including agricultural extension.
• Land improvement, implementation of land reforms, land consolidation
and soil conservation.
• Minor irrigation, water management and watershed development.
• Animal husbandry, dairying and poultry.
• Fisheries.
• Social forestry and farm forestry.
• Minor forest produce.
• Rural housing.
• Drinking water.
• Fuel and fodder.
• Roads, culverts, bridges, ferries, waterways and other means of
communication.
• Non-Conventional energy sources.
• Health and sanitation, including hospitals, primary health centres and
dispensaries.
• Maintenance of community assets.
Indian Context
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29. Municipalities are assigned following responsibilities related to
environment in the Twelfth Schedule of the Constitution to be taken
care of by the Municipalities (Nagarpalikas):
• Urban planning including town planning.
• Regulation of land-use and construction of buildings.
• Water supply for domestic, industrial and commercial and solid
waste management,
• Public health, sanitation conservancy and solid waste
management.
• Urban forestry, protection of the environment and promotion of
ecological aspects.
• Slum improvement and upgradation.
• Provision of urban amenities and facilities such as parks,
gardens, playgrounds.
• Cattle pounds; prevention of cruelty to animals.
• Regulation of slaughter houses and tanneries.
Indian Context
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30. Discussion and questions?
rajeev.kumar@nic.in
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