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The Environmental Impact Assessment (EIA) is a comprehensive process that evaluates the potential environmental effects of a proposed project or development. It takes into account the interrelated socio-economic, cultural, and human health impacts and is designed to predict environmental impacts early in the planning and design stages of a project. The goal of EIA is to minimize negative impacts, align the project with the local environment, and present predictions and options to decision-makers. The EIA process is rooted in the 1992 Rio Declaration, which emphasized the need for public participation in environmental decision-making. In India, the EIA is legally established by the Environment Protection Act, 1986, which includes provisions for EIA methodology and procedures.

History of EIA in India:

The Environmental Impact Assessment (EIA) process in India began in the year 1976-77, when the Planning Commission asked the Department of Science and Technology to evaluate river-valley projects from an environmental perspective. Prior to 1994, obtaining environmental clearance from the Central Government was an administrative decision and did not have legislative backing. On January 27, 1994, the Union Ministry of Environment and Forests, under the Environmental (Protection) Act 1986, issued a notification mandating EIA for the expansion or modernization of any activity or the establishment of new projects listed in Schedule 1 of the notification.

In September 2006, the Ministry of Environment, Forests and Climate Change (MoEFCC) introduced new regulations for the Environmental Impact Assessment (EIA). The new regulations require mandatory EIA clearance for a wide range of projects, including mining, thermal power plants, river valley projects, infrastructure projects such as roads, highways, ports, harbors, and airports, and various types of industries, including small-scale electroplating or foundry operations. Unlike the EIA Notification of 1994, the new regulation assigns the responsibility for project clearance to the state government, depending on the size or capacity of the project.

Environmental Impact Assessment Notification of 2006:

The Environmental Impact Assessment Notification of 2006 has decentralized the process of environmental clearance for projects by dividing them into two categories, Category A and Category B, based on the potential impacts on human health, as well as natural and man-made resources.

All projects or activities listed as Category 'A' in the Schedule, including the expansion and modernization of existing projects or activities, and changes in product mix, are required to obtain prior environmental clearance from the Central Government's Ministry of Environment and Forests (MoEF) based on the recommendations of an Expert Appraisal Committee (EAC) established by the Central Government for the purposes of this notification.

All projects or activities listed as Category 'B' in the Schedule, including expansion and modernization of existing projects or activities, and changes in product mix as specified, are required to obtain prior environmental clearance from the State/Union Territory Environment Impact Assessment Authority (SEIAA). However, this requirement does not apply to projects that meet the General Conditions stipulated in the Schedule. The SEIAA will make its decision based on the recommendations of the State or Union Territory level Expert Appraisal Committee (SEAC) established for this purpose. In the event that a duly constituted SEIAA or SEAC does not exist, a Category 'B' project will be treated as a Category 'A' project

Category B projects go through a screening process by the relevant State-level Expert Appraisal Committee (SEAC) to determine if further environmental studies are required for the preparation of an Environmental Impact Assessment (EIA) prior to granting environmental clearance. This decision is based on the specific nature and location of the project. Projects that require an EIA report are classified as Category B1, while the remaining projects are classified as Category B2 and do not require an EIA report.

Stages of EIA:

The Environmental Impact Assessment Notification of 2006 also outlines that the environmental clearance process for new projects will consist of a maximum of four stages, some of which may not be required in certain cases. These stages, in sequential order, are:

Stage 1: Screening (applicable only to Category B projects and activities)

Stage 2: Scoping

Stage 3: Public Consultation

Stage 4: Appraisal

Landmark Judgments:

Common Cause v. Union of India, Writ Petition (CIVIL) No. 114 of 2014

In 2012, a petition was filed by the non-profit organization Common Cause, calling for legal action to halt all mining leases in Odisha, citing the findings of the report produced by the Justice M.B. Shah Commission. The commission was established by the Central Government in 2010 to investigate illegal mining of iron ore and manganese ore in the country, and had found widespread illegal mining in Odisha. The Supreme Court took notice of these illegal mining activities, which were causing significant harm to the environment and forests, as well as potentially causing hardship for the local tribal population, and issued an order to suspend these activities.

“There is no doubt that the grant of an EC cannot be taken as a mechanical exercise. It can only be granted after due diligence and reasonable care since damage to the environment can have a long term impact. EIA 1994 is therefore very clear that if expansion or modernization etc. of any mining activity exceeds the existing pollution load, a prior EC is necessary and as already held by this Court in M. C. Mehta even for the renewal of a mining lease where there is no expansion or modernization of any activity, a prior EC is necessary. Such importance having been given to an EC, the grant of an ex post facto environmental clearance would be detrimental to the environment and could lead to irreparable degradation of the environment” the Apex Court observed.

Residents Welfare Association & Anr. v. The Union Territory of Chandigarh & Ors., Special Leave Petition (Civil) No. 4950 of 2022

The Supreme Court in this recent case observed “we observe that it is high time that the Legislature, the Executive and the Policy Makers at the Centre as well as at the State levels take note of the damage to the environment on account of haphazard developments and take a call to take necessary measures to ensure that the development does not damage the environment. It is necessary that a proper balance is struck between sustainable development and environmental protection. We therefore appeal to the Legislature, the Executive and the Policy Makers at the Centre as well as at the State levels to make necessary provisions for carrying out Environmental Impact Assessment studies before permitting urban development.”

References:

https://blog.ipleaders.in/environmental-impact-assessment-in-india/

https://www.drishtiias.com/to-the-points/paper3/environmental-impact-assessment-1

https://www.cseindia.org/understanding-eia-383

https://blog.ipleaders.in/ex-post-facto-environment-clearance-view-of-the-supreme-court/

https://www.livelaw.in/top-stories/make-environmental-impact-assessment-mandatory-for-urban-development-recommends-supreme-court-cites-condition-of-bengaluru-as-warning-218641

https://www.scconline.com/blog/post/2023/01/07/national-green-tribunal-notification-ministry-of-environment-forest-and-climate-change-built-up-area-industrial-sheds-educational-institutions-hospitals-hostels/