Environmental Law

Below are the features of environmental law in India.

1. The meaning of environment and pollution:
1.1. Definition, as defined in the Environment Protection Act: 1986 Sec. 2(a); “Pollution” as defined in the same Act, Sec 2(a), (b), (c), (d), (e); and in the water (Prevention and Control of Pollution) Act, 1974. “Forests”, as defined in the Indian Forest Act, 1927, and the Forest conservation Act, 1980. the intended meaning of environment in Constitution, Articles 15(2) (b), 24, 39 (a), (b), (c),(e), (f), 47, 48 A, 49.
1.2. Causative factors of Pollution.

2. Subject matter of environmental laws:

3. Types and functions of environmental laws
3.1. Primary Protective Laws
3.1.1.For human-beings: Laws pertaining to: (a) Water (b) Air, (c) Noise, (d) Nuclear radiation, (e) Toxic substances.
3.1.2.For non human-beings: Laws pertaining to (a) Wild life (b) Marine life, (c) Forests, (d)Minor-forests, e) restrictions on trade.
3.2. Primary planning laws
3.2.1. For production :: Laws pertaining to : (a) Land use (b) Irrigation, (c) Industries, (d) Mining, (e) Grazing-land, (f) Catchments areas, (g) Wet land,
(h) Estuaries.
3.2.2.For distribution :: Laws pertaining to : (a) Land ceiling (b) Town planning/zoning, (c) Slums, (d) Housing, (e) Recreational areas, (f) Parks, (g) Sanctuaries, (h) Biospheres.

4. Secondary laws:
4.1. Pertaining to the administration and functioning of Pollution Control Boards; Water- Boards; the Factories Acts, Forest Act Land Reform and Development Acts, industries Act, etc.,
4.2. Laws relating to the administration within the Ministry of Environment and forest.
4.3. Laws relating to the collection, dissemination and publication of data by the Boards of Ministry, concerning. : a) Hazardous material, b) Endangering industries, c) Levels of pollution; and d) Types of safety measures available and implemented.
4.4. Laws relating to the role of the lower courts (including the Forest Courts).

5. Tertiary laws:
5.1. Constitutional provisions concerning inter-state relations that concern acquisition, regulation and distribution natural resources, (Water, Forests, Mines, Oil) (with special emphasis on Art. 14, 19, 31-A, 31-B, 31-C, 39(b)&(c); Union list; 6, 52, 56,
57. State list: 17, 18, 21, 23. Concurrent List: 17, 17-A, 17-B, 18, 20,and NinthSchedule.
5.2. Constitutional provisions: The Constitution of India Art. 14, 15, 2(b), 19(e), 21, 31-c, 32, 38, 39, 32, 37, 48-A, 49, 51, 51-A(g).

6. International parameters of environment:
6.1. Stockholm Declaration and its impact.
6.2. Rio Summit
6.3. United Nations Environmental Programme (UNEP).
6.4. State responsibility for environmental pollution
6.5. North South Perspective.

7. Legal strategies regulation
7.1. Deterrence through criminal liability, strict liability, Absolute Liability and Vicarious liability.
7.2. Principles of calculating penalties and economic sanctions against offenders.
7.3. Principles and methods of standardization
7.4. Managerial
7.4.1. Principles of tortuous liability
7.4.2. Estoppel
7.4.3. Strategies of incentives, through non-taxation, deductions etc.,
7.4.4.Methods of recovery through insurances, sureties, bonds etc.,
7.5. Environmental courts/Tribunals

8. Rights in common law:
8.1. Basis of occupancy, usufruct and group or collective rights of indigenous communitiesin national and international laws.

9. Natural rights theories and its advocacy in environment related issues:
9.1. Right to life.
9.2. Right to livelihood
9.3. Right to reside
9.4. Right to development
9.5. The rights of future generations
Unit-10. Multinational corporate liabilities: In the legal responsibilities of multinational funding agencies. Judicial activism and environment

Coimbatore lawyers deal cases in environmental law also.