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ARTICLE · 16 OCTOBER 2024

Madras High Court Strikes Down Policy On Ex Post-Facto Environmental Clearances

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The Madras High Court ("HC") in Fatima vs Union of India & Ors. [W.P.(MD)No.8866 of 2021] has set aside the Standard Operating Procedure dated 07.07.2021 ("SOP") and Office Memorandum dated 19.02.2021 ("OM") (collectively "Impugned OMs") issued by the Ministry of Environment, Forest and Climate Change ("MoEF"). These instruments governed the grant of ex post facto environmental and coastal regulation zone clearances.

IndiaEnvironment
Nawneet Vibhaw
Nawneet Vibhaw
Prannoy Sebastian
Prannoy Sebastian
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The Madras High Court ("HC") in Fatima vs Union of India & Ors. [W.P.(MD)No.8866 of 2021] has set aside the Standard Operating Procedure dated 07.07.2021 ("SOP") and Office Memorandum dated 19.02.2021 ("OM") (collectively "Impugned OMs") issued by the Ministry of Environment, Forest and Climate Change ("MoEF"). These instruments governed the grant of ex post facto environmental and coastal regulation zone clearances. The judgement has its roots in two key environmental legislations.

  1. Environment Impact Assessment Notification, 2006 ("EIA"): The EIA requires that project proponents, before commencing new projects or making major modifications to existing ones, obtain prior Environmental Clearance ("EC") from either the central or state level impact assessment authority. This applies to:
    • New projects or activities

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