Fifty signatories under the National Alliance for Climate and Ecological Justice (NACEJ), a pan-India initiative of the National Alliance of People’s Movements (NAPM), have issued an open letter expressing strong objections to the arbitrary notifications issued by the ministry of environment, forest and climate change (MoEF and CC) for prioritising the ‘ease of doing business’ over critical environmental protection, public health and the rights of people and communities.
Urging the government to not dilute the enviro-legal regime to facilitate ‘ease of doing business’, the group has demanded immediate withdrawal of the notifications and the upholding of the role of SPCBs.
In a notification issued on November 12, 2024, the ministry exempted “all industrial plants with a pollution index score upto 20” and “all industrial plants which have obtained prior environmental clearance” from the application of Consent to Establish (CTE) and Consent to Operate (CTO) as per the requirements of the Air (Prevention and Control of Pollution) Act, 1974, and Water (Prevention and Control of Pollution) Act, 1981.
The lifting of consent requirements for industries with environmental clearances, the letter stated, is in direct contradiction to the foundational objectives of the Air Act and Water Act, which were enacted to protect public health and ensure environmental safety and sustainability.
These consents issued by the state pollution control boards (SPCBs) provide appropriate conditions for local environmental challenges, which cannot be effectively addressed solely through broad, standardised environmental clearance conditions. Removing these safeguards means weakening critical pollution control measures.
Reducing the role of SPCBs, which maintain industry accountability, it added, “risks the creation of a regulatory vacuum, where industries may operate with minimal oversight, undermining the effectiveness of environmental governance”.
Also exempted are 39 industries, now classified as “white industries”, which mainly include fly ash bricks/block manufacturing. The exemption would grant them a free pass from environmental oversight.
“Fly ash, a byproduct of coal combustion, is known to contain toxic heavy metals such as arsenic, lead, and mercury. Improper handling and disposal of fly ash can result in severe air and water contamination, posing health hazards to local communities. These industries, despite their classification, are still known to contribute to local air and water pollution. The complete exemption from obtaining consents and subsequent monitoring by Pollution Control Boards further undermines the integrity and efficacy of the regulatory framework,” the letter stated.
The NACEJ also highlighted that the ministry notifications represent a substantive amendment to the Water Act and the Air Act by providing the industries such exemptions, which can only be enacted through a formal legislative process.
“The issuance of these notifications bypasses the required constitutional and legal procedures, thus rendering them potentially ultra vires and open to judicial scrutiny. By weakening the mandate of SPCBs, the Notifications are also clearly in violation of the principles of federalism, laid down in the Constitution,” it stated.
Further, the manner in which these notifications have been issued goes against the requirements of the PLCP, Pre-Legislative Consultation Policy (2014), of the Union government, which must be followed by all ministries, including MoEF & CC, before introducing Bills and subordinate legislations.
Demanding immediate withdrawal of the notifications, the NACEJ that the decision overrides important objectives of the Water Act and Air Act and “is patently arbitrary and legally questionable”.
“The Ministry is violating its own mandate when it considers ‘ease of doing business’ far more important than environmental and public health safety, especially when the impacts of industrial pollution are undeniable and have long-term consequences for the environment and human health,” it stated.
