Need For a Permanent Environmental Regulator

The Supreme Court recently decided to examine the need for a ‘permanent environmental regulator’ similar to those found in the telecom and electricity sectors.

Background of the News

• The central government in September 2024, notified the formation of a “permanent” Central Empowered Committee (CEC) in response to the 2023 Supreme Court order.
• Initial Formation: The CEC was originally formed in 2002 by the Supreme Court under the TN Godavarman vs Union of India case to monitor compliance with court orders related to forests and wildlife.
• Transition to Permanence: Previously ad hoc, the CEC is now a permanent body following the Supreme Court directions.
  • It was during this hearing of these issues, the SC decided the need to examine the need for a permanent body.
• Role of Central Empowered Committee (CEC)
  • Environmental Watchdog: The CEC has played a crucial role in protecting significant areas like the Kaziranga Tiger Reserve and Mollem Goa Project.
  • Project Recommendations: crucial role in protecting the Kaziranga Tiger Reserve and Mollem Goa Project.
    • It has recommended against projects that threaten environmental conservation, such as the South Western Railway project in Mollem.
• Concerns on Independence of CEC: 
  • Government Authority: The government retains the final say on whether to accept or reject CEC’s recommendations, with any rejection requiring a written justification.
  • Independence Issues: This structure has raised concerns about the CEC’s independence, as the central government can potentially override state-level decisions.
• Direction to use CAMPA funds: Additionally, a separate hearing by the same Bench reiterates that States and UTs must use their Compensatory Afforestation Fund Management and Planning Authority (CAMPA) fund exclusively for restoring green cover lost on account of deforestation and not for any other purposes. 
  • The SC was informed by the amicus that the utilization of CAMPA funds had been less than 50% in several States and UTs between 2018 and 2024.

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Recent Environmental Hazards

• Kerala Landslides (2023-2024): Kerala experienced severe landslides during the monsoon, primarily in Idukki, Wayanad, and Malappuram, driven by heavy rainfall and deforestation. 
• Uttarakhand Glacial Outburst (2021): A glacial lake outburst in Chamoli, Uttarakhand, triggered catastrophic flooding, sweeping away hydroelectric stations and damaging villages.
• Assam Floods (2023): Assam faced particularly severe floods in 2023 due to heavy monsoon rains and riverbank erosion, with the Brahmaputra and its tributaries inundating large areas.
• Maharashtra Floods (2021): Heavy monsoon rains in July 2021 triggered severe flooding and landslides across Maharashtra, including Mumbai and Ratnagiri.
• Bihar Floods (2022): Annual flooding in Bihar, exacerbated in 2022 by embankment breaches and deforestation, led to widespread destruction and displacing millions.
• Delhi Air Pollution Crisis (Annual): Delhi suffers severe air pollution each winter, driven by crop residue burning, vehicular emissions, and industrial activities.

Existing Regulatory Authorities in India

• National Tiger Conservation Authority (NTCA): It oversees Project Tiger and ensures the protection of tigers and their habitats across India. It was established in 2005 under the Wildlife (Protection) Act, 1972 following the Tiger Task Force’s recommendations.
• Forest Advisory Committee (FAC): It advises on forest land diversion for non-forest activities, ensuring minimal environmental damage. It was constituted under the Forest (Conservation) Act, 1980.
• National Board for Wildlife (NBWL): It advises the government on wildlife conservation policies and project approvals in protected areas. It was established under the Wildlife (Protection) Act, 1972, chaired by the Prime Minister.
• Standing Committee of the NBWL: Reviews and clears projects impacting wildlife, functioning as the NBWL’s primary decision-making body. It was formed to streamline NBWL’s project approval process.
• Central Pollution Control Board (CPCB): It regulates and monitors air, water, and noise pollution, and advises on pollution control policies.It was established under the Water Act, 1974, and expanded under the Air Act, 1981.
• Central Empowered Committee (CEC): Monitors and reports on compliance with Supreme Court orders related to forests and wildlife. It was formed by the Supreme Court in 2002.
• Wildlife Crime Control Bureau (WCCB): It combats organized wildlife crime and ensures the implementation of wildlife protection laws. It was established in 2006 under the MoEFCC.
• National Biodiversity Authority (NBA): It promotes biodiversity conservation and equitable sharing of benefits from biological resources. It was established in 2003 under the Biological Diversity Act, 2002.
• National Green Tribunal (NGT): It adjudicates environmental disputes and ensures the enforcement of environmental laws. It was established in 2010 under the National Green Tribunal Act, 2010.

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Need for a Permanent Environmental Regulatory Organization

• Fragmented Responsibilities: Current bodies like NTCA, FAC, and CPCB have specialized roles but lack holistic oversight. A permanent regulator would unify and streamline environmental governance.
• Limited Jurisdiction and Enforcement: Existing authorities face challenges in enforcement due to jurisdictional limits. A dedicated regulator would ensure comprehensive and consistent enforcement across regions.
• Complexity of Challenges: Environmental threats like climate change require adaptive strategies. A permanent regulator would integrate advanced scientific research to address evolving issues effectively.
• Accountability and Transparency: The current system lacks transparency and consistency. A centralized regulator would enhance decision-making processes with clear guidelines and reduce arbitrary decisions.
• Aligning national policies with international goals: India’s global environmental obligations are often unmet due to limited mandates of existing bodies. A permanent regulator would align national policies with international goals.

Arguments against formation of Environmental Regulatory Organization

• Duplication of Efforts: India already has specialized regulatory bodies like NTCA, CPCB, and NGT, which effectively address specific environmental issues. 
  • Introducing a new regulator could lead to bureaucratic overlap, duplicating efforts, and slowing down decision-making processes.
• Expertise in Current Bodies: Current bodies have expertise tailored to their mandates, ensuring nuanced and informed decision-making. A centralized regulator might lack the detailed understanding needed for diverse environmental challenges, diluting regulatory effectiveness.
• Potential for Regulatory Overreach: A single regulator could centralize authority, risking overreach and stifling localized initiatives.
• Concentration of Power: The existing multi-tiered system ensures diverse perspectives and balanced decision-making, which might be compromised under a centralized authority.
• Operational Challenges: Merging existing regulators into one entity could be complex, leading to inefficiencies.Establishing a new regulator might cause delays in clearances, negatively impacting ongoing projects.
• Government’s Mixed Response: The government acknowledges potential benefits but also highlights the risk of adding unnecessary complexity to the existing framework. Current oversight mechanisms, including ministries and judicial bodies, may render a new regulator unnecessary.
• Sector-Specific Regulations: Different environmental sectors require distinct regulatory approaches, which existing specialized bodies are better equipped to handle.
• Judicial Oversight: The Supreme Court and NGT already play a crucial role in environmental protection, and a new regulator might undermine their authority.

Way Forward

• Strengthening Existing Bodies: Enhance collaboration among existing regulators like NTCA, CPCB, and NGT to avoid duplication, streamline processes, and build capacity for addressing emerging environmental challenges more effectively.
• Adopting a Hybrid Model: Create a central coordinating authority to oversee specialized bodies while establishing regional branches for localized, context-specific decision-making, ensuring a unified yet flexible approach to environmental governance.
• Enhancing Accountability and Transparency: Implement standardized procedures for environmental impact assessments and approvals, and bolster public participation to ensure consistent, transparent, and accountable decision-making processes.
• Leveraging Technology: Utilize advanced technologies like AI, GIS, and blockchain for real-time monitoring, transparency, and data-driven decisions. Establish innovation hubs within regulatory bodies to foster adaptive strategies for challenges like climate change.
• Ensuring Independence: Protect regulatory bodies from political influence to maintain their independence, with reinforced judicial oversight ensuring decisions are made based on environmental merit rather than external pressures.
• Focus on Sustainability: Align all regulatory actions with sustainable development goals and conduct regular reviews of the regulatory framework to adapt to new challenges and ensure long-term ecological sustainability.
• International Collaboration: Collaborate with international bodies to adopt global best practices in environmental regulation and ensure compliance with international commitments, enhancing India’s role in global environmental governance.

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