India: Environment

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Environmental law articles, insights, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as clean air/pollution, climate change, environmental law and waste management.
Article
Prior Clearance Endures, Amnesty Narrows: The Supreme Court’s Verdict In Vanashakti v. Union Of India
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.
India Environment
SA
Shardul Amarchand Mangaldas & Co
Article
The Law Comes Full Circle On The Issue Of Ex Post Facto Environmental Clearance
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.
India Environment
KC
Khaitan & Co LLP
Article
Introduction Of Standing Bodies For Uninterrupted Environmental Clearance: Amendment To The EIA Notification, 2006
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.
India Environment
KC
Khaitan & Co LLP
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Environmental Law

Article
How Is India Building A Compliance Carbon Market Without A Supporting Tax Architecture
India's Carbon Credit Trading Scheme faces a critical gap as the first compliance year approaches in April 2026. While the Energy Conservation Act established the carbon market framework and the Income Tax Act was completely revamped in 2025, the legislature failed to connect these two pieces of legislation, leaving carbon credit certificate transactions in a tax limbo that threatens to undermine the country's ambitious net-zero 2070 goals.
India Tax
LS
Lakshmikumaran & Sridharan
Article
Prior Clearance Endures, Amnesty Narrows: The Supreme Court’s Verdict In Vanashakti v. Union Of India
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.
India Environment
SA
Shardul Amarchand Mangaldas & Co
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Climate Change

Article
How Is India Building A Compliance Carbon Market Without A Supporting Tax Architecture
India's Carbon Credit Trading Scheme faces a critical gap as the first compliance year approaches in April 2026. While the Energy Conservation Act established the carbon market framework and the Income Tax Act was completely revamped in 2025, the legislature failed to connect these two pieces of legislation, leaving carbon credit certificate transactions in a tax limbo that threatens to undermine the country's ambitious net-zero 2070 goals.
India Tax
LS
Lakshmikumaran & Sridharan
Article
The Law Comes Full Circle On The Issue Of Ex Post Facto Environmental Clearance
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.
India Environment
KC
Khaitan & Co LLP
Article
Towards Sustainable Growth: How India’s Green Energy Incentives Are Reshaping The Regulatory And Investment Landscape
India's renewable energy framework combines ambitious climate targets with an evolving regulatory architecture spanning green hydrogen missions, carbon trading schemes, and manufacturing incentives. As businesses navigate this incentive-driven ecosystem, understanding the intersection of policy, compliance obligations, and commercial opportunity becomes essential to participating in the country's sustainable energy transition.
India Energy
MC
MAHESHWARI & CO. Advocates & Legal Consultants
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Clean Air / Pollution

Article
The Law Comes Full Circle On The Issue Of Ex Post Facto Environmental Clearance
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.
India Environment
KC
Khaitan & Co LLP
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Waste Management

Article
Supreme Court Directions On Stray Dog Management (May 2026): Implementation Priorities For Municipal Bodies And State Administrators
In its May 2026 judgment, the Supreme Court issued significant directions on stray dog population management, reinforcing the ABC Rules 2023. This article analyses the key implementation priorities for municipal bodies, state animal husbandry departments, and local administrators to ensure compliance with the Court’s directions on sterilization, vaccination, and responsible management.
India Litigation
Ka
Khurana and Khurana
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Latest Videos

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