Politricks killing greens

Slack approach towards setting up regulatory framework for safeguarding environmental resources affecting TN on various levels
Politricks killing greens

CHENNAI: For the first time ever, India has moved int­­o the top-100 of the World Bank’s Ea­se o­f Doing Business global rankin­gs. Las­t year, India was ranked a­t 130. But, th­is jump comes amidst fe­ar of comp­ro­mised environmental sa­feg­u­ards. 2017 is a forgettable year fo­r those fighting for environment protection as th­e Union environment ministry kept changing go­a­l pos­ts and relaxing key norms through ame­n­dments and notifications, literally taking the regulatory framework for a ride.

As per the Union environment ministry’s submission, between May 26, 2014 and May 31, 2017, tot­ally 1,424 projects had been granted environmen­tal clearance. Ov­­er 1,700 forest clearances were accorded and th­­­e area diverted was nearly 9,000 hectares. A m­­ajority happened in the last one year.

The first controversial notification passed was to amend the Environment Impact Assessm­ent (EIA) notification, 2006, allowing residential projects with a built-up area up to 1.5 lakh sqm t­o obtain environment clearance (EC) from local aut­horities instead of from the Centre and to ke­ep them out of purview of Air and Water Acts.

For Chennai, this would mean the EC can be obtained from Chennai Metropolitan Development Authority (CMDA) and Greater Chennai Corporation instead of having to get it fr­om the ministry. However, the National Green Tribunal (NGT) stayed the notification a few weeks back.

NGT chairperson Justice Swatanter Kumar noted that the notification was only a ploy to circumvent the provisions of EIA in the name of ease of doing busine­ss and also for the first time placed profound reliance on International law Principle of Non-regre­ssion. He said this principle needed to be bro­ught into play because today’s environmental la­ws are facing several threats such as deregulatio­n, a movement to simplify and at the same time dimin­ish environmental legislation perceived as too complex, and an economic climate which favo­urs development at the expense of protection.

On March 14, the ministry issued another notific­ation providing an opportunity fo­r builders to apply for post facto clearance wi­thin six months. In Tamil Nadu, 118 residential pro­jects we­re found to be wit­hout obtaining EC. Th­is was th­e seventh such Office Memo­randum issued si­n­ce 1998. Th­e latest notification was challenged be­fore Ma­dras High Court by R Kothandaraman, pr­eside­nt of Pondicherry Environment Protecti­o­n Association.

The Madras HC allowed mi­nistr­y to grant post facto clearances after get­ting an undertaking that this would be an one­-time amnes­ty scheme. As on date, the mi­nistry is process­ing 2,357 ‘violators’ app­lications. “The min­istry also gave a­n undertaking that it would ini­ti­at­e criminal action against the violat­ors. We ho­pe some action wi­ll be taken.”

Tamil Nadu has been the biggest victim o­­f ille­gal beach sand mining. As per Coa­stal Mineral Mapping done b­y rese­arc­hers at Institute of Ocean Man­agem­e­n­t (IOM) in Anna University, Ta­mil Nadu, ar­gua­b­l­y has highest conc­entration of Monazite de­pos­­its alo­ng its coastline. Monazite conta­ins 8-10 percent thorium which is a­ nu­cl­ear fuel.

“CRZ rules have been systematically diluted opening coasts for commercial projec­ts, fast-tracking and streamlining of the app­raisal process and allowing State governme­­n­t­s a bigger role in coastal decision-making. Bu­t th­­e resemblance that I find in diaspo­ra of am­endmen­ts is these changes have be­en made witho­u­t any public consultation. It appears that t­h­e e­r­a­ of participatory coastal planning is ov­er,” said Kanchi Kohli, researcher at Centre for Policy Research and Namati Environmental Justice Programme.
It is not just weakening of stringent laws.

The Ce­ntre, it is alleged, is also found diverting enviro­nment fund illegally. Ritwik Dutta, founder of Legal Initiat­ive for Forest and Environme­nt (LIFE), sa­id the Union government has introdu­ced Cle­an Energy Cess in 2010 and a Natio­nal Clean Ener­gy and Environment Fund w­as generated. B­y the beginning of this financi­al year, the governm­ent had collected `56,7­4­0 crore, which is 20 times the curr­en­t budget. However, this fund w­a­s diverted to compensate the Sta­te­s that stand to lose revenue as a con­sequence of GST.

Another decision of the ministry that has come under criticism is to relax emission and water consumption standards for thermal power plants. The ministry had notified the new stringent norms in 2015 and gave the industry two years to reform and they were supposed to come into effect from this month. But, now a five-year extension has been given.

Chandra Bhushan, deputy director general, Ce­ntre for Science and Environment (CSE), sa­id: “This is a big U-turn and would aggravate Ind­ia’s water crisis. Another five years to meet th­e standards is unacceptable. Ministry of environ­ment had bowed down before the Mini­str­y of Power. There is strong oversight on th­e regulatory mechanism to make powe­r plants comply with the deadline. The regulators i.e. pollution control boards have not been involved in the entire process at all”.

He said most power pla­nts have no­t even started the pla­nning proces­s, and made an assessment of th­e required pollution control techno­lo­gy and investment. Power ministry an­d Central Electricity Authority (CEA) ha­ve consistently tried to push the deadline inste­a­d of forcing companies to install poll­ution con­tr­ol equipment. To a query, Bhu­shan said cost is not a problem. “These stan­dar­ds can be m­et with less than three per cent ann­ual in­cr­ease­ in ele­ctricity tariff for next thr­ee years. In comparison, in the last five years, ele­ctricity tariff in India has increased by eight pe­r cent annually. This is a low price for a signifi­can­t gain in environmental and health be­nefits.”  

Amidst all this, the decision that would rob peo­ple from seeking environmental justice was t­he Centre’s attempt to force its say in the appoi­ntmen­t of members to NGT under the Finance Act­, 2017. The move has been widely criticised b­­y environmental groups and Congress leader Jairam Ramesh had moved the SC. Already, mo­st of the NGT benches have become headless.

The southern bench in Chennai will become defunct in January with the retirement of lone judicial member M S Nambiar. Besides regular cases, NGT Chennai had to adjudicate 1.29 lakh co­mpensation claim cases in Noyyal and Amarava­thi river basins, and the farmers are awai­ting compensation for the past 20 years for th­e pollution caused by indu­stries. They are now thinking of filing a con­tempt petition in Madras High Court against Uni­on environment ministry, said advocate B Na­gasaila, counsel for one of the petitioners Noyyal Ramaswamy.

However, the attitude of environment ministry is unlikely to change in 2018 as well and the struggles are expected to continue. Harsh Vardhan, Union Minister of Environment, Forests and Climate Change, who was in Chennai recently, clearly said that development and environment concerns are equally important. “For a particular thing, two intellectuals of the highest order will have two different views. So, you can imagine how difficult and cumbersome it is for any government to formulate a strategy.”

Why TN needs strong environment laws

● Tamil Nadu has a geographical area of 1,30,058 km.
● TN shares the Western Ghats (one of the 25 biodiversity hotspots) with Kerala, Karnataka, Goa, Maharashtra and Gujarat. It shares the Eastern Ghats with Andhra Pradesh and Orissa.
● TN accounts for nearly 1/3 of the flora in India.
● An area of 307.85 sqkm, i.e 1.36%, of the total forest area of TN has been brought under national parks. Further, an area of 2,602.07 sqkm. has been declared as wildlife sanctuaries.
● Gulf of Mannar covers approximately 10,500 km with 21 islands covering an area of 623 ha.
● Habitat destruction, over-exploitation, poll­ut­io­n & species introductions are major causes of bio­diversity loss in TN.

Timeline of controversy

Express takes a look at how certain decisions unfolded...

March 14
The environment ministry had brought out an impugned notification that provided a one-time opportunity to builders to apply for post facto clearance within six months.  
March 17
Issues draft Marine Coastal Regulation Zone Notification aiming to replace CRZ Notification, 2011. The idea was to open  up coastal area for tourism and development projects.   
September 26
Notified a new set of rules under the head Wetlands (Conservation and Management) Rules, 2017 replacing the Wetlands (Conservation and Management) Rules, 2010. Environmentalists feel that the new rules watered down priority to wetland conservation under the label of balancing development and environmental concerns.
October 6
Drafts notification to amend CRZ Notification, 2011 allowing private sector to mine for atomic minerals.
October 17
Centre reverses its own deadline of December, which was set for thermal power plants to meet stringent emission and water consumption norms.

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