MoEFCC Publishes Draft Notification To Amend The EIA Notification, 2006

This Piece examines whether remediation, pollution-control, and restoration obligations of industrial corporate debtors survive, attach to assets, or extinguished during insolvency resolution under the IBC, and outlines a due-diligence framework for resolution applicants.

As Indian cities hurtle toward rapid urban expansion, often celebrated in terms of GDP growth, infrastructure, and high-rise skylines, a quieter crisis unfolds at the edge of this development: the disappearance of urban wetlands.

The Public Law Practice Group at Dentons Link Legal presents this edition of the Environment Law Newsletter, highlighting recent legal and regulatory developments shaping India’s environmental landscape. As concerns over environmental degradation continue to intensify, this issue examines key ecological and compliance challenges across industries with significant environmental footprints, alongside broader developments in pollution control, conservation, and sustainable resource governance

India generates an estimated 25,000 to 30,000 tonnes of plastic waste every day, of which a substantial share, approximately 10,556 tonnes daily, remains uncollected and enters landfills or the open environment. To address this, the Ministry of Environment, Forest and Climate Change (“MoEFCC”) has notified a national Extended Producer Responsibility (“EPR”) framework for plastic packaging under the Plastic Waste Management Rules, 2016, as amended from time to time.

The Central Pollution Control Board (“CPCB”) has issued guidelines under the Battery Waste Management Rules, 2022 (“BWM Rules”) governing the collection, handling, storage and transportation of waste batteries across the country. The guidelines anchor compliance to the hazardous waste regime, prescribe chemistry-specific storage and transport protocols, and restrict who may operate collection centres, thereby seeking to prevent mishandling and illegal operations in the handling of waste batteries.

Environmental, Social and Governance (“ESG”) considerations have increasingly become an important component of corporate decision-making, investor assessments and brand positioning in India. As businesses seek to demonstrate their environmental credentials, terms such as “green”, “eco-friendly”, “sustainable”, “carbon neutral” and “environmentally friendly” are increasingly used in advertising, product packaging, corporate communications and sustainability disclosures.

The article summarises recent Supreme Court judgment that provides important clarity on the law governing post facto environmental clearances by reaffirming the primacy of prior environmental clearance and delineating the narrow circumstances in which statutory regularisation may be permissible. It also draws a clear distinction between delegated legislation and executive action, limiting the scope for future administrative regularisation.

In Vanashakti v Union of India, 2026 INSC 761 a three-judge bench of the Supreme Court pursuant to review proceedings settled the long-contested issue of ex post facto Environmental Clearance (EC) granted under the Environment Impact Assessment Notification, 2006 (EIA Notification, 2006). The Court held that the prior EC regime is mandatory in nature and upheld the validity of the 2017 Notification issued by the Ministry of Environment, Forest and Climate Change (MoEFCC) as a time bound amnesty scheme, and struck down the 2021 Office Memorandum (2021 OM) as an impermissible administrative action with prospective effect. The Court passed a common judgment and order in a group of petitions.

The entire territory of Delhi has been facing severe winter air pollution for years. From a seasonal inconvenience, it has now turned into a recurring environmental and regulatory challenge.

Obtaining an Environmental Clearance is critical for infrastructure, real estate, and manufacturing sector. Historically, project proponents have faced issues in getting Environmental Clearance not because there is an issue with their project but because the State Level Appraisal bodies have become non-functional due to expired tenures resulting in bulk transfer of pending applications to an already overburdened Central Authority.

The Supreme Court through its judgement dated 31.08.2026 in the matter of Shri Prakash Narain Sharma Dead Through Legal Representative v M/s Burmah Shell Co-Operative Housing Society (Regd.) through Managing Committee Member Sh. P. Jindal & Others held that High Courts exercising their supervisory jurisdiction under Article 226 of the Constitution can set aside orders passed by quasi-judicial authorities.

The Ministry of New and Renewable Enegery (“MNRE”) vide its office memorandum dated 17.08.2026 (“OM”) has issued directions regarding compliance with guidelines on inverter-level generation data and storage of inverter-level data of Rooftop Solar systems (“RTS”) installed under PM Surya Ghar: Muft Bijli Yojana (“PMSG: MBY”). This OM is issued in continuation of the earlier guidelines issued by MNRE from time to time on secure communication of generation data and the compliance requirements for inverters and communication devices used under PMSG: MBY.

The Madhya Pradesh Electricity Regulatory Commission (“MPERC”) vide its Order dated 17.08.2026 has issued the Standard Operating Procedure (“SOP”) for Banking of Power for Green Energy Open Access Consumers (“GEOA Consumers”) in the State of Madhya Pradesh. The SOP has been introduced to establish a standardised and transparent framework for the banking of surplus renewable energy by GEOA consumers in Madhya Pradesh

The Supreme Court of India, through its judgment dated 11.08.2026 in Securities and Exchange Board of India v. Rajeev Vasant Sheth and Others , set aside the order of the Securities Appellate Tribunal (“SAT”) and restored the finding of insider trading recorded by SEBI against the promoters of Tara Jewels Limited.

SEBI, by letter dated 10.08.2026 (“Informal Guidance”), as a reply to letter for request for informal guidance dated 20.04.2026 (“Informal Guidance Request”), has clarified that a stock broker registered with SEBI may not undertake activities as a non-banking financial company (“NBFC”).

SEBI, by way of Circular dated 14.08.2026 issued modifications in the regulatory framework for Online Bond Platform Providers (“OBPPs”), including ease-of doing-business measures (“OBPP Circular”). The OBPP Circular amends Chapter XXI of the SEBI Master Circular on issue and listing of non-convertible securities, Securitised Debt Instruments, Security Receipts, MDS and Commercial paper dated 15.10.2025 (“NCS Master Circular”).

The Supreme Court of India, through its judgment dated 12.08.2026 in Karnataka Power Transmission Corporation Limited v. Rekha and Others , set aside concurrent orders of the High Court of Karnataka which had fastened absolute liability upon the Karnataka Power Transmission Corporation Limited (“KPTCL”) in respect of two electrocution incidents.

The Securities and Exchange Board of India (“SEBI”), by Circular dated 11.08.2026 (“ILMDS Amendment Circular”), has notified amendments to the SEBI (Issue and Listing of Municipal Debt Securities) Regulations, 2015 (“ILMDS Regulation”) in respect of certain operational aspects for municipal debt securities (“MDS”).

The RBI by notification dated 31.07.2026 notified the RBI (Commercial Banks – Fraud Risk Management) Directions, 2026 consolidating, repealing and superseding the RBI (Fraud Risk Management in Commercial Banks (including Regional Rural Banks) and All India Financial Institutions) Directions, 2024 and other circulars (“Fraud Master Directions 2024”).

The Ministry of New and Renewable Energy, by its Office Memorandum No. 283/54/2026-GRID SOLAR dated 04.08.2026, has issued a clarification on the applicability of the Approved List of Models and Manufacturers List-II (for solar PV cells), in light of MNRE’s Office Memorandum no. 283/53/2026-GRID SOLAR dated 18.07.2026.