NACEJ raises strong objections to MoEF&CC notifications exempting industries from environmental clearances

By A Representative 

The National Alliance for Climate and Ecological Justice (NACEJ), a pan-Indian initiative of the National Alliance of People's Movements (NAPM), has submitted a strongly-worded letter to Ved Prakash Mishra, Joint Secretary of the Ministry of Environment, Forests and Climate Change (MoEF&CC), objecting to recent notifications that exempt industries from obtaining Consent to Establish (CTE) and Consent to Operate (CTO). The letter, signed by over 50 environmental activists, researchers, and organizations, demands the immediate withdrawal of the notifications, citing severe legal, environmental, and social concerns.

The notifications, G.S.R 702(E) and G.S.R 703(E), issued on 12th November 2024, exempt industries with Environmental Clearances and 39 so-called "White Industries" from obtaining CTE and CTO under the Air (Prevention and Control of Pollution) Act, 1974, and the Water (Prevention and Control of Pollution) Act, 1981. NACEJ has criticized these exemptions as a blatant prioritization of 'ease of doing business' over environmental protection, public health, and the rights of communities.

NACEJ has raised several critical objections to the notifications. The exemptions undermine the foundational objectives of the Air and Water Acts, which were enacted to protect public health and ensure environmental sustainability. The removal of consent requirements weakens critical pollution control measures and ignores local environmental challenges. The State Pollution Control Boards (SPCBs), which are responsible for monitoring industrial compliance, have been sidelined, creating a regulatory vacuum that allows industries to operate with minimal oversight and accountability.

The classification of 39 industries, including Fly Ash Bricks/Block Manufacturing, as "White Industries" is deemed unscientific and arbitrary. Fly ash, a byproduct of coal combustion, contains toxic heavy metals like arsenic, lead, and mercury, posing significant health and environmental risks. Exempting these industries from environmental scrutiny is dangerous and unjustifiable. The notifications bypass the legislative process required to amend the Air and Water Acts, rendering them potentially unconstitutional. Such executive overreach violates the principles of federalism and democratic governance. Additionally, the notifications were issued without any public consultation or engagement with affected communities, experts, or civil society organizations, violating the Pre-Legislative Consultation Policy (2014) and democratic norms.

NACEJ warns that these exemptions will exacerbate India's climate crisis and undermine its commitments under the Paris Agreement. The increased industrial activity facilitated by the notifications will lead to higher greenhouse gas emissions, hindering India's ability to meet its Nationally Determined Contributions (NDCs).

NACEJ has called for the immediate withdrawal of the notifications G.S.R 702(E) and G.S.R 703(E). They have also demanded a detailed study on the environmental, social, and economic impacts of exempting the 39 industries, which should be made publicly available and subject to public scrutiny. The alliance has emphasized the need to uphold the statutory role of SPCBs in monitoring industrial compliance and to refrain from making arbitrary amendments to the Air and Water Acts.

The letter is endorsed by prominent environmental activists and organizations, including Medha Patkar (Narmada Bachao Andolan), Soumya Dutta (MAUSAM), Himanshu Thakkar (SANDRP), and representatives from Climate Front India, Fridays for Future India, and various regional movements.

NACEJ's letter underscores the urgent need for the MoEF&CC to prioritize environmental protection and public health over industrial interests. The alliance has urged the Ministry to take corrective action and uphold India's environmental laws and commitments to climate justice.