Environment Impact Assessment (EIA)

Free PDF's 31st July 2023

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Introduction

Environmental Impact Assessment (EIA) is a comprehensive approach employed to scrutinize and assess the probable consequences, both favourable and detrimental, that a proposed project or development may exert on the environment, economy, and society.

Need for EIA in India

Rapid industrialization and development: EIA is essential to address the potential environmental impacts of India's rapid industrial growth and infrastructure development.
Protection of natural resources: EIA helps assess and protect India's rich biodiversity, water resources, forests, and ecosystems.
Public participation and transparency: EIA ensures public involvement and transparency in project decision-making processes.
Compliance with environmental regulations: EIA is a legal requirement in India, ensuring compliance with environmental laws and regulations.

Evolution of EIA in India:

Key Provisions of EIA 2020:

Categorization: Projects classified as Category A and Category B based on scale and impact.
Post-Facto Clearance: Provision for retrospective approval of projects already under construction.
Expanded Project Scope: Inclusion of additional projects requiring environmental clearance.
Online Submission and Processing: Emphasis on using online platforms for project applications, consultations, and compliance monitoring.
Reduction in time for Public Consultation: from 30 days to 20 days.
Post-Clearance Monitoring: Focus on monitoring compliance and reporting after clearance.
Expert Committees: Establishment of expert committees at central and state levels for project assessment.
Violations and Penalties: Penalties and legal action for non-compliance and false information.

Benefits of EIA in India:

Environmental protection and conservation: EIA identifies and mitigates potential environmental impacts, safeguarding air, water, soil, and ecosystems.
Sustainable development: EIA integrates environmental considerations, promoting sustainable use of resources.
Social benefits: EIA assesses social impacts, benefiting local communities, livelihoods, health, and cultural heritage.
Decision-making support: EIA provides comprehensive information for informed project decision-making.
Legal and regulatory compliance: EIA ensures adherence to national and international environmental standards.

Shortcomings of EIA in India

Easy clearance for ‘Strategic’ projects: because new EIA rules empower the government to declare any project as a ‘Strategic’ project without explaining why.
Opening the routes for violations: Provision of post-facto clearance will encourage the industries to go with the project without getting worried about the environmental clearance.
Inadequate assessment quality: Some EIA reports lack thorough assessments and scientific rigor.
Limited public participation: EIA 2020 has reduced the time for public participation from 30 days to 20 days. It means reduced awareness and limited public participation.
Weak enforcement and monitoring: Inconsistent enforcement and monitoring of EIA conditions undermine its effectiveness.
Influence of vested interests: Sometimes, EIA processes is influenced by biased assessments and approvals due to vested interests.
Non-compliance with the International frameworks and conventions: EIA, 2020 is not in compliance with various International pledges such as Paris Climate Agreement. It will weaken India’s stance as a global leader in environmental governance and climate politics.

Way forward:

Online Platforms: Implement online platforms for project submissions, public comments, and information dissemination, improving accessibility and efficiency of the EIA process.
Technology Integration: Utilize remote sensing, satellite imagery, and data analytics to enhance accuracy and objectivity in environmental impact assessments.
Independent Expert Panels: Establish independent expert panels to review and validate EIA reports, ensuring impartiality and expertise.
Capacity Building: Enhance the knowledge and skills of regulatory authorities and experts involved in the EIA process through training programs and workshops.
Cumulative Impact Assessment: Include provisions for assessing the cumulative environmental impacts of multiple projects in a region.
Timely and Comprehensive Reviews, Strengthening Monitoring Mechanisms, Public Awareness and Education, International Best Practices

Recent Updates:

KEY DIFFERENCES BETWEEN EIA RULES, 2020 AND EIA RULES, 2020:

Aspect	EIA Rules, 2020	EIA Notification, 2006
Applicability	Applicable to all projects	Applicable to projects falling under specific categories
Project Categories	Includes a wider range of projects	Limited categories of projects covered
Screening Process	Categorization based on thresholds and parameters	Categorization based on size and capacity
Public Consultation	Extensive public consultation requirements	Less emphasis on public consultation
Timeline	Streamlined process with reduced timelines	Longer timelines for obtaining environmental clearance
Expert Committees	Reconstitution of expert committees with defined roles	Less defined guidelines for expert committee formation
Post-Facto Clearance	Restricted provision for post-facto clearance	No specific provision for post-facto clearance
Violations and Penalties	Stringent provisions for violations and penalties	Relatively lenient provisions
Environmental Impact Assessment (EIA) Report	Expanded scope and detailed requirements	Relatively limited scope and requirements
Monitoring and Compliance	Strengthened provisions for monitoring and compliance	Less emphasis on monitoring and compliance
Public Disclosure	Mandatory public disclosure of EIA reports	Limited public disclosure requirements

Conclusion: EIA has potential for sustainable development and environmental protection by incorporating robust measures, promoting public participation, and integrating scientific advancements to safeguard the environment and foster a balance between development and conservation.