With the increasing discussions over the depleting condition of the environment, the discipline of environmental law has emerged as one of the most important contemporary fields of law. Environmental law encompasses a wide range of legislation, enactments, and rules that are primarily concerned with regulating human activities in our natural environment and its multiple linked ecosystems. They make certain that individuals, governments, and organizations do not destroy the environment or its ecosystems. Environmental law covers a wide range of subjects, protecting several components of the environment such as water, air, forest, and other natural resources.
King Stubb and Kasiva’s specialized team has advised clients on various aspects of environmental law such as:
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Given the growing emphasis that the global society places on environmental preservation, every company needs to abide by the standards prescribed by the regulatory bodies. They should have all the requisite contracts and licenses to ensure a smooth operation. However, it becomes difficult for the companies to take into account a large number of compliances and constant updates. To help the companies, we have a robust team of lawyers to advise on diverse environment-related issues with our clients in India and abroad. Our team provides complete support, ranging from transactions to litigation. We tend to break down the environment-related regulatory framework for our clients and assist them with all their needs.
We achieve a balance between our client's commercial interests and environmental conservation, which is essential for long-term growth.
The management of certain natural resources, such as forests, minerals, or fisheries, is the main objective of India's environmental laws, which are guided by environmental legal concepts. Some of the key regulations are: a) The Wildlife (Protection) Act, 1972, b) The Water (Prevention and Control of Pollution) Act, 1974, c) The Air (prevention and control of pollution) act, 1981, d) The Environment (Protection) Act, 1986, e) The energy conservation act, 2001, f) Forest Conservation Act, 1980, and g) Biological Diversity Act, 2002.
Various conventions and treaties have led to the formation of a comprehensive set of regulations in all countries. Different stakeholders took part in these conventions and treaties to conceptualize a perfect strategy to protect the environment. Some of the prominent treaties and conventions are –
The Antarctic Treaty (Washington, 1959), Convention on International Trade in Endangered Species of wild fauna and flora (CITES), 1973, Montreal Protocol on Substances that deplete the Ozone Layer (to the Vienna Convention for the Protection of the Ozone Layer), 1987, Basel Convention on Transboundary Movement of Hazardous Wastes, 1989, UN Framework Convention on Climate Change (UNFCCC), 1992, Convention on Biological Diversity, 1992, and UN Convention on Desertification, 1994.
There is just one sort of penalty specified in the Environmental Protection Act of 1986 (EP Act), the governing law for several laws developed under it, including the waste restrictions. Any violation of these guidelines is punished by up to five years in jail, a fine of up to INR 100,000, or both.
The process of analyzing a project's or development's anticipated environmental effects while taking into consideration associated socio-economic, cultural, and human-health effects—both positive and negative—is known as an environmental impact assessment (EIA).
The Environmental Impact Assessment (EIA), according to UNEP, is a method used to determine the environmental, social, and economic effects of a project before making a decision. It seeks to anticipate environmental effects early in the project planning and design process, identify strategies for minimizing negative effects, adapt projects to the local environment, and give forecasts and choices to decision-makers.