Environment Impact Assessment in India has gone lot of changes, including the latest draft in 2020. This is an analysis of this draft.

1. EIA 2020:
Issues and Challenges
Dr. Narasimha Reddy
Donthi

3. EIA process
Lies and
Mistakes
Appraisal
Violations
Mistakes
Delays
Restricted
public
participation

4. Source Period Clearances
India Spend July, 2014-
March, 2020
2,115
CEEW 2003- July,
2014
8,555 (90%
in a year)2014 in a year)
Vidhi
Centre
1Jun14-
25May 2016
555
Category A

8. EIA 2020
Draft EIA Notification 2020
• Dated 23rd March, 2020, 83 pages
• within 60 days
• Delhi High Court extended upto 11• Delhi High Court extended upto 11
August, 2020
»Karnataka High Court Stay on
final notification, until 7th
September
»translated into languages

9. EIA 2006
• most amended piece of
environmental law
• amended 43 times
• 50 office memorandums (350 pp)• 50 office memorandums (350 pp)
»December 2014-January 2019)
» 82 projects exempted
since 2006

10. Key Features1
New Definitions - 60 terms
– not in EIA Notification of 2006.
Collection of Baseline Data
»data for only one season»data for only one season
other than monsoon will be
required
»for all projects other than
river valley projects.

11. Key Features2
Cluster Formation
• shall be assessed together in ‘Cluster EIA’
or ‘Cluster EMP’
• By the state, an agency nominated by the
state, or the project proponents.state, or the project proponents.
Technical Expert Committee
»to categorise and re-
categorise projects
dynamically.

12. Key Features4
Two Kinds of Approval
(i) ‘Prior Environment Clearance’ from the
specified Regulatory Authority by projects
of all three categories that are required to
be placed before the Appraisal Committee.be placed before the Appraisal Committee.
(ii) ‘Prior Environment Permission]
is required for ‘Category B2’ that
do not require the approval of the
Appraisal Committee.

13. Key Features5
Protocol for Expansion Projects
Only more than 50%
expansion of projects of ‘Categoryexpansion of projects of ‘Category
A’ and ‘Category B1’ will be
treated as fresh proposals and will
have to undergo the public
consultation process.

14. Key Features6
Exemption from Prior Environment
Clearance
• 40 types of projects
Exemption from Public Consultation
• falling under category B2• falling under category B2
» expansion projects with less than
» 50% capacity increase
» ‘national defence and security or involving other
strategic considerations’

15. Key Features7
• Appraisal of Project after Shift
in Site Location
• Increase in EC Validity Period
»mining projects can be up to 50 years»mining projects can be up to 50 years
(increased from 30 years) or up to
period of validity
»For most other projects 5 to 10 years.

16. Key Features8
Annual Post-Approval Monitoring
–Frequency 6 months to 1year
–daily fines as per category
Protocol for Projects in Violation ofProtocol for Projects in Violation of
Norms
»Projects without approval will be
introduced.

17. Public Participation
• Reduction in time from 45 to 30 to 20 days
• 46 projects exempted
• Strategic projects – no info in open
• Expansion - only 50% and above
» Ex-post facto approvals
» SPCBs role in public hearings
» Police involvement in development
process
» Politicians-bureaucrat-business nexus
» Judicial role undermined

18. My inputs1
• EIA dilution has started long back
• EIA did not lead to body of knowledge or
build up of expertise (with research and
education institutions remaining outside its
ambit)ambit)
»Institutional spaces are monolithic
and not being interdisciplinary
»Tail wagging the dog – EIA process
being used to reduce EPA to a sham

19. Implications
• Corruption will not reduce
• More bureaucratic barriers, for small and
medium companies
• Public sector impunity not addressed
• State Governments role• State Governments role
» Consultants lies not nailed
» Barriers to public participation not
addressed
» Appraisal Committee system reforms not
mentioned
» Scope for expertise development ignored

20. My Inputs2
• Impact Assessment is largely based on
what is present/ available/ captured, and
not on what is absent (soil, trees, etc in
grassland/ dryland)
» Is EIA Report a legal» Is EIA Report a legal
document
» Liability for EIA reports?
» Conflict of interest

21. My Inputs3
• Invisible force on EIA process
• Ease of Doing Business, without any
legislation has become a operating
manual, even overcoming legal provisions
»Public policies with»Public policies with
environmental impact need
to be integrated – National
Fibre Policy, Electricity, GM
crops in agriculture

22. Alternative Draft: SDG Inclusion
• Precautionary Principle
• Land use policy
• Environment Policy – integrate SDGs
»Should transcend»Should transcend
administrative boundaries
(Block/district/State)
»Pre-emptive Annual Status
Reports on natural resources

23. Secretary, Ministry of Environment,
Forest and Climate Change, Indira
Paryavaran Bhawan, Jor Bagh Road,
Aliganj, New Delhi-
110 003,
or send it to the e-mail
address at
eia2020-moefcc@gov.in