ENVIRONMENT LAW

1. EnvironmEn
t Pollution
Course: LLB
Subject : Environmental Laws
Unit: 2

2. • In 1980, the Deptt. of Environment was established
in India. Later on it became the Ministry of
Environment and Forests in 1985. EPA,1986 came
into force soon after the Bhopal Gas Tragedy.
Environment

3. • It is the sum of the total of the elements, factors and
conditions in the surroundings which may have
an impact on the development, action or survival of an
organism or group of organisms, such as, we human
beings.
• What Environment has given us:
• Air
• Land
• Water
• Forest
• Natural resources
Environment

4. Importance of the natural
environment
• Natural environment is of crucial importance for
social and economic life. We use the living world
as
• an energy source
• a source for recreation
• a major source of medicines
• natural resources for industrial
products
• a resource for food supply

5. Humans & Environment
• Humans have had the ability to change their
environment for thousands of years. Today this ability
is greater than ever. This is because there are more
people living now than ever before and human activity
is concentrated in huge cities.
• Science and technology allow us to interfere with
natural processes in more direct ways. (Ex.China)
• Industrialization, urbanization and population explosion
are some of the phenomena which have had a drastic
effect on the environment.

6. Environmental Pollution
• Any undesirable change in physical , chemical or biological
characteristics of air , land , water or soil, that is likely to have an
adverse effect on the natural environment or life, is termed as
environment pollution. The different types of pollutions are:
• Air Pollution
• Water Pollution
• Land (soil) Pollution
• Noise Pollution
• Thermal Pollution
• Electro Pollution

7. The Underlying Causes of
Environmental Degradation in India
• Social Factors
• Economic Factors
• Institutional Factors

8. Social Factors
• Population
• Poverty
• Urbanization

9. Economic Factors
• Non-existent or poorly functioning markets for environmental
goods and services
• Market distortions created by price controls and subsidies
• The manufacturing technology adopted by most of the
industries which generally is based on intensive resource and
energy use.
• Expansion of chemical based industry
• Growing transport activities
• Expansion of port and harbour activities.

10. Institutional Factors
“Lack of awareness and infrastructure makes
implementation of most of the laws relating to
environment, extremely difficult and
ineffective”.

11. Air Pollution
• Air pollution is actually harmful substances in the atmosphere, which
damages the environment. With the development of industries,
came along the increase in air pollution.
• Impact of Air Pollution on Human Health
– Global warming, Ozone depletion (Ozone hole), Acid rain
– Polluted air contains one, or more, hazardous substance,
pollutant, or contaminant that creates a hazard to general health.
– It is usually measured in terms of "particulate matter", or, the
number of particles of these potentially hazardous substances as
a percentage of air.
– Air pollution in cities causes a shorter lifespan for city dwellers.

12. The key Health Problems
caused by Air Pollution
• Asthma
• Cancer
• Respiratory problems
• Heart disease
• Birth defects
• Intellectual disorders
• Immune system damage

13. Water Pollution
• Water pollution is the contamination of water bodies
(e.g. lakes, rivers, oceans, groundwater).
• Water pollution occurs when pollutants are discharged directly or
indirectly into water bodies without adequate treatment to remove
harmful compounds by mainly the industries.
• Infectious diseases such as typhoid and cholera can be contracted from
drinking contaminated water.
• The human heart and kidney heart s can be adversely affected if
polluted water is consumed regularly.
• Other health problems associated with polluted water are poor blood
circulation, skin lesions, vomiting, and damage to the nervous system.
• In fact, the effects of water pollution are said to be the leading cause of
death for humans across the globe.

14. Land Pollution
• Land Pollution is the degradation of Earth's land surfaces often
caused by human activities and their misuse of land resources. It
occurs when waste is not disposed properly. Health hazard disposal
of urban and industrial wastes, exploitation of minerals, and
improper use of soil by inadequate agricultural practices are a few
factors.
– Main Reason for land pollution
• Urbanization and concentration of population
• Municipal solid waste
• Industrial waste and Hazardous Waste.
• Burning open dumps and forest fires
• Deforestations
• Mining and Erosion

15. Impact of Land Pollution
• Over a long period of time, landfills start to emit landfill gases.
Landfill gas is produced due to the anaerobic conditions that
organic wastes decomposed in.
• Most waste buried in landfills give rise to hazardous and toxic
liquids known as leachates. These leachates contaminate water
sources, like the ground water below the landfills, leading to water
pollution.
• Besides the points mentioned above, it is also important to note
that these over-crowded dumps, contaminated sites and careless
disposal of waste also contributes to air and water pollution, as
well as, acid rain.

16. Ministry Of Environment
• The primary concerns of the Ministry of Environment & Forests
under the Government structure are implementation of policies
and programs relating to conservation of the country’s natural
resources including lakes and rivers, its biodiversity, forests and
wildlife, ensuring the welfare of animals and prevention and
abatement of pollution.
• The broad objectives of the Ministry are:
– Conservation and survey of flora, fauna, forests and wildlife,
– Prevention and control of pollution,
– Afforestation and regeneration of degraded areas,
– Protection of the environment, and
– Ensuring the welfare of animals.

17. Mandate of the Ministry
• Environment and Ecology, including environment in coastal
waters, in mangroves and coral reefs.
• Survey and Exploration of Natural Resources particularly of
Forest, Flora, Fauna, Ecosystems etc.
• Bio-diversity Conservation including that of lakes and
wetlands.
• Conservation, development, management and abatement of
pollution of rivers which shall include National River
Conservation Directorate.
• Environmental Impact Assessment. Environment research
and development, education, training, information and
awareness.

18. *Environmental Health.
*Forest Development Agency and Joint Forest
Management Programme for conservation,
management and afforestation.
*Wildlife conservation, preservation, protection
planning, research, education, training and
awareness including Project Tiger and Project
Elephant.
*International co-operation on issues concerning
Environment, Forestry and Wildlife**

19. Environmental Policy In India
Ancient India:
• The Arthashastra by Kautilya, written as early as between
300 and 321 BC, contained provisions meant to regulate a
number of aspects related to the environment.
• The fifth pillar edict of Emperor Ashoka also contains such
regulations

20. Environmental Policy In India
During the British Reign in India:
• Shore Nuisance (Bombay and Kolaba) Act, 1853
• The Indian Penal Code, 1860
• The Indian Easements Act, 1882
• The Fisheries Act, 1897
• The Factories Act, 1897
• The Bengal Smoke Nuisance Act, 1905
• The Bombay Smoke Nuisance Act, 1912
• The Elephant’s Preservation Act, 1879
• Wild Birds and Animals Protection Act, 1912

21. Environmental Policy In India
Modern India
•National Council for Environmental Policy and Planning
was set up in 1972 which was later evolved into Ministry of
Environment and Forests (MoEF) in 1985.
•MoEF and the pollution control boards (CPCB i.e. Central
Pollution Control Board and SPCBs i.e. State Pollution
Control Boards) together form the regulatory and
administrative core of the sector.

22. It is responsible for planning and executing
comprehensive nationwide programs for the prevention
and control of water and air pollution.
• Coordinating activities of State Pollution Control Board
for prevention and control of pollution.
• Development of industry specific national minimal
effluent and emission standards
• Development of industry specific environmental
guidelines and comprehensive documents
Central Pollution Control Board

23. •Development of charter/requirements for Corporate Responsibility for
Environmental Protection (CREP) for seventeen major polluting industrial
sectors and monitoring its implementation through eight task forces and
steering committees
• Action plans for improvement of environment in eighty eight critically polluted
areas and monitoring progress
• Action plans for improvement of air quality in sixteen polluted cities and
monitoring progress
• National water quality monitoring and publishing annual water quality reports
• National ambient air quality monitoring and publishing annual water quality
reports Carrying out and sponsoring research activities relevant to environment
protection

24. Environment ACT 1986
• The standards of quality of air, water or soil for various areas
and purposes;
• The maximum allowable limits of concentration of various
environmental pollutants (including noise) for different areas;
• The procedures and safeguards for the handling of hazardous
substances;
• The prohibition and restrictions on the handling of hazardous
substances in different areas;
• The prohibition and restriction on the location of industries and
the carrying on process and operations in different areas;

25. * The procedures and safeguards for the prevention of
accidents which may cause environmental pollution and
for providing for remedial measures for such accidents.
* Imprisonment for a term which may extend to five years
with fine which may extend to one lakh rupees, or with
both
• Continues beyond a period of one year after the date of
conviction, the offender shall be punishable with
imprisonment for a term which may extend to seven
years

26. Environmental Policy In India
• The Policy Statement for Abatement of Pollution and the
National Conservation Strategy and Policy Statement on
Environment and Development were brought out by the
MOEF in 1992.
• The EAP (Environmental Action Program) was formulated
in 1993 with the objective of improving environmental
services and integrating environmental considerations into
development programs.

27. •National Environment Policy, 2006 : It the first initiative in
strategy-formulation for environmental protection in a
comprehensive manner.
*It undertakes a diagnosis of the causative factors of land
degradation with a view to flagging the remedial measures
required in this direction.
*It recognizes that the relevant fiscal, tariffs and sectoral policies
need to take explicit account of their unintentional impacts on
land degradation.

28. Environmental Policy In India
National Environment Policy, 2006 (contd.)
•The solutions offered to tackle the problem comprise
adoption of both, science-based and traditional land-
use practices, pilot-scale demonstrations, large scale
dissemination, adoption of Multi-stakeholder
partnerships, promotion of agro-forestry, organic
farming, environmentally sustainable cropping
patterns and adoption of efficient irrigation
techniques.

29. Legislative Framework
•Water (Prevention and Control of Pollution) Act, 1974
•Water (Prevention and Control of Pollution) Cess Act, 1977
•Air (Prevention and Control of Pollution) Act, 1981
•Atomic Energy Act of 1982
•Motor Vehicles Act ,1988
•The Wildlife (Protection) Act, 1972
•The Forest (Conservation) Act, 1980
•Environment (Protection) Act, 1986 (EPA)
•The National Environment Appellate Authority Act, 1997
•Public Liability Insurance Act (PLIA), 1991
•National Environment Tribunal Act, 1995

30. Environment Impact Assessment
(EIA)
There are two types of EIA models- the statutory model which makes the
assessment of impact compulsory under an enacted law, or a delegated
legislation, and the administrative model under which an administration
exercises its discretion to find out whether an impact study is necessary.
Till 1992, India was following the administrative model of EIA.
On 27th January, 1994 a notification was issued dealing with mandatory
EIA. The notification requires project proponent to submit an EIA report,
and environment management plan, details of the public hearing and a
project report to the impact assessment agency for clearance, further
review by a committee of experts in certain cases. By the amendment in
the year 1997, public hearing was made compulsory before impact
assessment was finalized.

31. Role of Judiciary in Imparting Environmental
Justice
•Disputes relating to environment are treated as cases
related to violation of fundamental rights, rather than
claims under law of torts.
•It has been held that the Supreme Court and the High
Courts can be directly approached under Article 32 and
Article 226 of the Constitution of India in case of matters
relating to environment.

32. Global business leadership to combat
climate change
•Copenhagen Climate Council:
• Business leaders representing global companies and innovative
entrepreneurs, who, through their actions, reveal that sustainable,
climate-responsible business is both necessary and profitable;
• Scientists will ensure that the work of the Council is underpinned by
rigorous analysis;
• Policy makers with experience in public policy will ensure that the work is
informed by knowledge of what is required to assist high-level, complex
policy negotiations.
•The Kyoto Protocol :The major feature of the Kyoto Protocol is that it sets
binding targets for 37 industrialized countries and the European community for
reducing greenhouse gas (GHG) emissions .These amount to an average of five
per cent against 1990 levels over the five-year period 2008-2012.

33. The key principles of an effective global
response
•Emissions Trading
•Dedicated Funds For Low Carbon Innovation
•Means To Protect Forests
•The Promotion Of Sustainable Agriculture
•Support For Adaptation
•Incentives To Promote Energy Efficiency

34. Indian Solar Power Sector Overview
Large Potential Exists..
• Among top 5 destinations worldwide for Solar Energy
development as per Ernst & Young’s renewable energy
attractiveness index
• Daytime production peak coincides with peak electricity
demand making solar ideal supplement to grid
Though Limited growth till now..
• Cost of solar electricity versus conventional electricity has
restricted past growth
Government encouraging Solar energy investments..
• The ministry is providing various incentives and duty
concessions for both manufactures and users of products eg

35. •To help in running of solar projects, there is a
subsidy of Rs 12/Kwh
•Capital subsidy available in case of semiconductor
based units
•Provisions for Accelerated depreciation available for
solar manufacturers
•NIL excise duty for manufacturers
•Low import tariff for several raw materials and
components
•Soft loans to users, intermediaries and
manufacturers

36. Biomass
• Biomass already supplies 14 % of the world’s primary
energy consumption. On average, biomass produces 38
% of the primary energy in developing countries.
• USA: 4% of total energy from bio mass, around 9000 MW
• INDIA is short of 15,000 MW of energy and it costs about
25,000crores annually for the government to import oil.
• Bio Mass from cattle manure, agricultural waste, forest
residue and municipal waste.

37. Anaerobic digestion of livestock wastes to give bio gas
Digester consumes roughly one third the power it’s
capable of producing.
Fertilizers as by product.
Average electricity generation of 5.5kWh per cow per
day!!

38. Other Natural Resources
• Oil
• Coal
• Natural Gas
• Tidal
• Gobar gas Production
• Biogas
• Synthesis gas

39. Compressed Natural Gas
What exactly is CNG?
CNG or compressed natural gas is a domestically
available, economical, clean burning, alternative
fuel source for vehicles.
CNG is Compressed Natural Gas which has been
used as an alternative clean burning fuel since the
1990s
It is essentially the same natural gas that is
delivered to most homes to use for cooking,
heating water, and forced air heat

40. 1.Economic benefit: The cost of CNG is almost a third of the cost of
Petrol in terms of calorific value resulting in substantial saving in
fuel cost, and investment on the CNG kit is paid back in a short
period
2. Environment friendly: The use of CNG as a fuel reduces
vehicular exhaust emissions significantly. Carbon Monoxide
emissions are reduced by 70 to 90% and Hydrocarbon emissions
by 40 to 60% as compared to vehicles that use the conventional
fuel - Petrol. Carbon Dioxide emissions, a cause for global
warming, are also reduced significantly by 10%
Reasons for switching over to this
alternate fuel

41. 3. 100% Income Tax Depreciation: Corporate Organisations, firms,
etc. can claim 100% depreciation on a CNG Conversion Kit as this
is a pollution controlling equipment. Organisations that buy CNG
Conversion Kits should consult their Income Tax Consultants and
avail of the depreciation benefits
4. Flexibility and ease of use: The basic engine characteristics of a
vehicle are retained while converting it to run on CNG. The
vehicle therefore is capable of running either on Petrol or CNG at
the flick of a switch on its dashboard.

42. In addition, owning a Clean Burning Fuel Vehicle
has many other upsides & advantages including:
increased longevity on the car (oil changes every 5,000 to 9,000
miles)
Engine components remain a lot cleaner with a clean burning
fuel less wear on critical engine components, bringin the cost of
maintenance down drastically.
Better fuel efficiency in comparison to standard gasoline
vehicles and much more.
Why CNG Now?
You can save money and reduce greenhouse grass in one
move ..

43. •Prime among its disadvantages is the loss of luggage space.
CNG cylinders take up a lot of storage space and generally have
to be placed in the boot of the car.
•The body of the cylinders too have to be made of good grade
steel capable of handling the roughs and toughs of travelling.
•The cost of conversion too is another major determining
factor. The conversion kit can cost from Rs. 25,000 to Rs.
35,000.
•Experts claim that this cost can be recovered from the fuel
savings. Finally, based on its characteristics. CNG may slightly
hamper vehicle performance.
Disadvantage of CNG

44. Recommendation
• Consumption versus Preservation of Environmental Resources
• Valuation of environmental damages
• Natural Resource Accounting
• Use of Economic instruments/Price Mechanism
• Removing subsidies that encourage unsustainable use
• Extension of Property rights
• Trade and Environment
• Development that can reduce poverty
• Development of Infrastructure facility which can reduce the
pollution.
• Develop the awareness for the environment among the people.
• Peoples’ participation—Green Movement
• Participation in global dimensions of environment

45. References:
• 1. Shore Nuisance (Bombay and Kolaba) Act, 1853
• 2. The Indian Penal Code, 1860
• 3. The Indian Easements Act, 1882
• 4. The Fisheries Act, 1897
• 5.The Factories Act, 1897
• 6.The Bengal Smoke Nuisance Act, 1905
• 7.The Bombay Smoke Nuisance Act, 1912
• 8.The Elephant’s Preservation Act, 1879
• 9.Wild Birds and Animals Protection Act, 1912

46. References
1. Water (Prevention and Control of Pollution) Act, 1974
2. Water (Prevention and Control of Pollution) Cess Act,
1977
3. Air (Prevention and Control of Pollution) Act, 1981
4. Motor Vehicles Act ,1988
5. The Wildlife (Protection) Act, 1972
6. The Forest (Conservation) Act, 1980
7. Environment (Protection) Act, 1986 (EPA)

47. THANK YOU