Environment Ministry’s rules for polluters in India, copied word for word from the US

The Ministry notified and put up the draft on its website on May 10, inviting public feedback over a two-month window.

Written by Jay Mazoomdaar | New Delhi | Updated: July 8, 2016 4:17 am
environment ministry rules, environment ministry rules copy, environment ministry pollution rules, india pollution rules, india pollution rules copy, pollution rules news, india pollution rules us news, india news, latest news, Highlighted portions have been copied from the US document.

More than three quarters of the Environment Ministry’s Environment Supplement Plan (ESP) — around 2,900 words of the 3,850-word draft — is a direct lift from the Supplemental Environmental Projects Policy (SEP) document adopted by the United States in March 2015.

The draft notification proposes to allow those who go ahead with project work without prior environmental clearance under Environment Impact Assessment Notification (EIA), 2006 to “remediate the damage caused” and compensate by implementing the ESP. Under existing laws, these are criminal offences punishable with imprisonment.

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The Ministry notified and put up the draft on its website on May 10, inviting public feedback over a two-month window.

Consider these substantive samples of the cut-paste that became the notification:

— US (Introduction A): Supplemental Environmental Project (SEP) is an environmentally beneficial project or activity that is not required by law, but that a defendant agrees to undertake as part of the settlement of an enforcement action.

India (Clause 1): An Environmental Supplemental Plan (ESP) is an environmentally beneficial project or activity that is not required by law, but that an alleged violator of Environmental Impact Assessment Notification, 2006 agrees to undertake as part of the process of environmental clearance.

— US (II D): SEPs provide defendants with an opportunity to develop and demonstrate new technologies that may prove more protective of human health and the environment than existing processes and procedures.

India (4 iii): Innovative Technology: Environmental Supplemental Plan will provide the proponent and the Expert Group with an opportunity to develop and demonstrate new technologies that may prove more protective of human health and the environment than existing processes and procedures.

— US (IV A III): The project must demonstrate that it is designed to reduce:

a. The likelihood that similar violations will occur in the future;

b. The adverse impact to public health and/or the environment to which the violation at issue contributes; or,

c. The overall risk to public health and/or the environment potentially affected by the violation at issue.

India (5): The project must demonstrate that it is designed to remediate the ecological damage caused due to violations and it will reduce,

a. The likelihood that similar violations will occur in the future;

b. The adverse impact to public health and the environment to which the violation at issue contributes;

c. The overall risk to public health and the environment potentially affected by the violation at issue.

— US (X B): With regard to the SEP, Defendant certifies the truth and accuracy of each of the following:

a. That all cost information provided to the EPA in connection with the EPA’s approval of the SEP is complete and accurate and that Defendant in good faith estimates that the cost to implement the SEP[, exclusive of _____ costs,] is $_____;

India (12): With regard to the Environmental Supplemental Plan, the project proponent shall certify the truth and accuracy of each of the following:

a. That all cost information provided to the Expert Group in connection with the Environmental Supplemental Plan is complete and accurate and that the proponent in good faith estimates that the cost to implement the Environmental Supplemental Plan is Rs. —————;

Joint Secretary Manoj Kumar Singh, who issued the draft notification on May 10, denied having copied the content from the SEP document of the United States. “We borrowed the idea (of ESP) from the US. Most Western countries follow this practice. But the language of our draft is different. Nothing was copied,” Singh told The Indian Express.

When comments were sought from Anil Madhav Dave, who took charge as Environment Minister on Wednesday, he sought details over email. He is yet to respond.

Seeking to make violators comply by paying compensation, one of the contentious lifts from the US document in the draft notification even accommodates the possibility of future violations. Clause (5) of the draft notification says the violator “must demonstrate that it is designed to remediate the ecological damage caused due to violations and it will reduce. the likelihood that similar violations will occur in the future.”

The Air (Prevention and Control of Pollution) Act, 1981 and the Water (Prevention and Control of Pollution) Act, 1974 provide for a minimum period of one-and-half years of imprisonment for commencing activities without a valid consent to establish or operate.

By proposing monetary penalties for such violations, the government, say experts, is misusing its delegated executive power to frame rules that amount to dilution of laws passed by the legislature.

“Environmental violations form civil charges in the US. In India, these are criminal offences under the law. So while settlements such as SEP may not be out of place in the US, the idea of proposed ESP violates the heart and soul of EIA which is the need for prior approval. That is the law as it exists. It cannot be undermined by borrowed executive wisdom,” said environment lawyer Ritwick Dutta of Delhi-based EIA Resources and Response Centre.

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First Published on: July 8, 2016 4:16 am
  1. H
    Haren
    Jul 8, 2016 at 3:23 am
    What is wrong with that they have sharpen their pencil longtime back why to sharpen it again.lt;br/gt;This is the problem with Indian thinking, we are the best, No you are not, even in China they follow BOCA code of USA for construction.lt;br/gt;Same thing with toll booth on highway, USA is removing highway toll booth, they adopted tickets at the entry and payment at exit toll, but for corruption our politician in India, they have toll booth on highway to slow down traffic, waste gasoline and than pay bribe to toll booth guy or police.
    Reply
    1. P
      Paul
      Jul 7, 2016 at 11:40 pm
      What is wrong in copying? If it is what you want , go for it. It saves time. It is not a thesis for Ph.D. It is not Plagiarism. Opposition should find some thing more tangible.
      Reply
      1. T
        Trun
        Jul 8, 2016 at 2:11 am
        "skill India"
        Reply
        1. R
          Raje
          Jul 8, 2016 at 5:44 am
          Why should GOI reinvent the wheels when such rules are already adapted and delivering good results in Western nations. What is IE trying to achieve here?
          Reply
          1. S
            Sunder
            Jul 8, 2016 at 2:20 am
            So what? Why reinvent the wheel?
            Reply
            1. S
              Saurabh
              Jul 8, 2016 at 8:16 am
              Copy cat sarkar.
              Reply
              1. S
                Saurabh
                Jul 8, 2016 at 8:21 am
                Fake degrees, copied rules, empty promises, U-turns, Touring PM,,,, Etc. Achhe Din... LOL
                Reply
                1. V
                  Vishy
                  Jul 8, 2016 at 4:29 am
                  Indian consution is a carbon copy of the British !!! What's with you Indian express why are u guys so mentally bankrupt? Your sole agenda seems to be finding faults with the new government. lt;br/gt;How long will you be the stooge of the dynasty .. Have they paid you so much all these years that you forget your journalistic ethos ??
                  Reply
                  1. A
                    ajit
                    Jul 8, 2016 at 3:44 am
                    Copy paste, New Level's
                    Reply
                    1. L
                      lollu
                      Jul 8, 2016 at 1:57 am
                      H.....a.....i lt;br/gt;lt;br/gt;India has already become a developed country.lt;br/gt;lt;br/gt;lt;br/gt;Like the fake GDP formuLAE that was revised 3 time in one week from 4.5% to 5.6% to 7.5%. lt;br/gt;lt;br/gt;I am very sure the lazy brahmins duffers in Brahmins America Foundation operating cowardly under Hindu America Foundation(HAF) must have shamelessly helped in copying.
                      Reply
                      1. L
                        lollu
                        Jul 8, 2016 at 1:45 am
                        INDIA TO BE SOON DECLARED AS 51ST STATE OF THE USA BY NARENDRA MODIOT.lt;br/gt;lt;br/gt;HOW WONDERFUL IT WOULD BE. DON'T YOU THINK EVERY INDIAN WOULD BE PROUD TO CALL THEMSELVES AN AMERICAN.
                        Reply
                        1. L
                          lollu
                          Jul 8, 2016 at 1:48 am
                          Leave alone that. India is the only country that runs its govt from a building built by the British.lt;br/gt;lt;br/gt;Every country and its people are so proud by default for having built their own parliament building.lt;br/gt;lt;br/gt;You cannot beat even stan on that, even Mozambique on that, even Sub-saharan countries on that.lt;br/gt;lt;br/gt;It hasn't even occured to the brahmin dk headed indics .
                          Reply
                          1. L
                            lollu
                            Jul 8, 2016 at 1:41 am
                            What a shame Indics. What you have in your brain. Clay? lt;br/gt;lt;br/gt;AS LONG AS THERE ARE BRAHMINS THERE WILL ONLY BE CRIMINALS.lt;br/gt;lt;br/gt;DEABLE BRAHMINS INCOMPETENTS HAVE OCCUPIED ALL TOP POSITIONS AND HAVE BEEN SKREWING THE COUNTRY FOR 69 YEARS. lt;br/gt;lt;br/gt;WHY?lt;br/gt;lt;br/gt;BECAUSE BRAHMIN INDO-AYAN BRAHMINS DO NOT BELONG TO INDIA. THOSE SLUGGARDS BELONG TO EVERYTHING OTHER THAN INDIA.
                            Reply
                            1. P
                              pathak
                              Jul 8, 2016 at 2:51 am
                              r u high bride of brahmin check your dna
                              Reply
                              1. A
                                Andy
                                Jul 8, 2016 at 5:53 am
                                Whats your problem, IE?
                                Reply
                                1. D
                                  Dipanjan Mitra
                                  Jul 8, 2016 at 2:43 pm
                                  everything is being copied by India from the rest of the world other than religious matters.
                                  Reply
                                  1. R
                                    Rajesh
                                    Jul 8, 2016 at 4:12 am
                                    What about Indian consution? This is also copy of British and American Consution. Is this a news at all ???? There is no harm in coping good things. Everyone is not Abhimanyu who learns all tricks in womb. Is IE is journalism of courage or journalism of chaos?
                                    Reply
                                    1. A
                                      Apurv
                                      Jul 8, 2016 at 5:42 am
                                      W consution is copied from different countries. if good things are copied it should welcome .....ohh yes this government will good or bad so called secular jourlistis has to oppose.
                                      Reply
                                      1. V
                                        vijay
                                        Jul 8, 2016 at 3:04 am
                                        What is the big deal, The overworked and underpaid babus at least rewrote the lifted American rules with a sprinkling of indian english words.This is not too bad when we are running the nation with laws coined well over 150 years ago. No one here seem to be very much concerned about it 70 years in to independence.
                                        Reply
                                        1. A
                                          ashok s
                                          Jul 8, 2016 at 2:23 am
                                          Let's be serious ,as it is of great importance. Rather then criticism we should face actualism. I can say only about my place that is Mira road the maximum societies are well cleaned up , but public places are so filty and dirty. This is due to poor garbage collection methods. Their is actually no inspection done by the ward officers. Secondly the roads are digged ,when rains HV arrived ,making them filled with debris ,which are never cleared. It is difficult to walk on such road ,unpaved ,pots. The paancigrette vendors are another reason behind .lt;br/gt;More over acute water problems
                                          Reply
                                          1. A
                                            ashok s
                                            Jul 8, 2016 at 2:23 am
                                            Let's be serious ,as it is of great importance. Rather then criticism we should face actualism. I can say only about my place that is Mira road the maximum societies are well cleaned up , but public places are so filty and dirty. This is due to poor garbage collection methods. Their is actually no inspection done by the ward officers. Secondly the roads are digged ,when rains HV arrived ,making them filled with debris ,which are never cleared. It is difficult to walk on such road ,unpaved ,pots. The paancigrette vendors are another reason behind .lt;br/gt;More over acute water problems
                                            Reply
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