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ARTICLE · 20 NOVEMBER 2024

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EX Post Facto Environmental Clearances: A Constitutional And Statutory Analysis

Dhaval Vussonji & Associates
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The case of Fatima vs Union of India raised significant environmental concerns surrounding the issuance of ex post facto environmental clearances.

IndiaEnvironment
Sonam Mhatre
Sonam Mhatre
Nipa Ghosh
Nipa Ghosh
Shruti Kulkarni
Shruti Kulkarni
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The case of Fatima vs Union of India raised significant environmental concerns surrounding the issuance of ex post facto environmental clearances1.

I. KEY ISSUES:

  1. The kernel of the issue is whether Environmental Clearances (“EC”) which are imperative for certain projects/ activities can be issued ex post facto i.e., post project or post commencement of project?
  2. Whether the Ministry of Environment, Forest, and Climate Change (“MoEF”) could issue notifications, such as the Standard Orders (“SO”) and Office Memorandum (OM), General Statutory Rules (“GSRs”) (being collectively referred to as “Instruments”), to allow ex post facto clearances under the Environment Protection Act, 1986 (“EPA”) without contradicting the Environmental Impact Assessment (“EIA”) Notification 2006 and Coastal Zone Regulation (“CRZ”) 2011 requirements?

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