"This publication is a guide to understanding the National Environmental Policy Act (NEPA). This publication covers NEPA, the Endangered Species Act, and the Wilderness Act. It focuses on the environmental work of the 562 Indian tribes that play an important role in the environmental arena. The book uses chiefly Indian and tribal cases (162 case studies in all) to illustrate the finer points of NEPA doctrine as it exists in the broader field of Indian law."--The publisher's website.
Development of Environmental Laws in India highlights the dynamic nature of environmental law-making in India between the judiciary, the executive and the parliament. This has led to the creation of a wide range of environmental institutions and bodies with varied roles and responsibilities. The book contains a large volume of materials from the late 1990s, which show a marked shift in the nature of environmental governance in India. These materials offer an understanding of the contemporary debates in environment law in the context of India's economic liberalisation. The materials are thematically organized and presented in an accessible manner. The chapters contain definitions and specific clauses from the legal instruments and refer to court orders and judgements on these themes.
Environmental law and policy in India affects all sections of society. Those most deeply affected are the poor. Displaced by deforestation, dam-building and degradation of natural resources, they are the first victims of poor sanitation, contaminated water, polluted air and scarce wood. This edition of Environmental Law and Policy in India retains the familiar analytical structure of the 1991 edition, but is thoroughly revised and updated. More than 4/5ths of the material is new. The volume is interlaced with notes, comments and questions to encourage critical thinking among lawyers and law students. It compiles all the leading cases in environmenmtal law in India with concise extracts of landmark judgments and documents. It focuses on environmental law, policy, problems and needs with the comprehensiveness of an American law case book.
Modern environmental regulation and its complex intersection with international law has led many jurisdictions to develop environmental courts or tribunals. Strikingly, the list of jurisdictions that have chosen to do this include numerous developing countries, including Bangladesh, Kenya and Malawi. Indeed, it seems that developing nations have taken the task of capacity-building in environmental law more seriously than many developed nations. Environmental Justice in India explores the genesis, operation and effectiveness of the Indian National Green Tribunal (NGT). The book has four key objectives. First, to examine the importance of access to justice in environmental matters promoting sustainability and good governance Second, to provide an analytical and critical account of the judicial structures that offer access to environmental justice in India. Third, to analyse the establishment, working practice and effectiveness of the NGT in advancing a distinctively Indian green jurisprudence. Finally, to present and review the success and external challenges faced and overcome by the NGT resulting in growing usage and public respect for the NGT’s commitment to environmental protection and the welfare of the most affected people. Providing an informative analysis of a growing judicial development in India, this book will be of great interest to students and scholars of environmental justice, environmental law, development studies and sustainable development.
This handbook critically analyses a range of environmental protection laws in India, and compares them with foreign and international jurisprudence on environmental protection.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a systematic approach to legislation and legal practice concerning energy resources and production in India. The book describes the administrative organization, regulatory framework, and relevant case law pertaining to the development, application, and use of such forms of energy as electricity, gas, petroleum, and coal, with attention as needed to the pervasive legal effects of competition law, environmental law, and tax law. A general introduction covers the geography of energy resources, sources and basic principles of energy law, and the relevant governmental institutions. Then follows a detailed description of specific legislation and regulation affecting such factors as documentation, undertakings, facilities, storage, pricing, procurement and sales, transportation, transmission, distribution, and supply of each form of energy. Case law, intergovernmental cooperation agreements, and interactions with environmental, tax, and competition law are explained. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for energy sector policymakers and energy firm counsel handling cases affecting India. It will also be welcomed by researchers and academics for its contribution to the study of a complex field that today stands at the foreground of comparative law.
This book systematically introduces historical trajectories and dynamics of environmental policy and governance in India. Following the features of environmental policy in India as outlined in Chapter 1, subsequent chapters explore domestic and international factors that shape environmental policy in the country. The chapters examine the interplay between governmental and non-governmental actors, and the influence of social mobilisation and institutions on environmental policy and governance. Analysing various policy trajectories, the chapters identify and explore five central environmental policy subsystems: forests, water, climate, energy and city development. The authors drill down into the social, economic, political and ecological dimensions of each system, shedding light on why striking a balance between national economic growth and environmental sustainability is so challenging. Drawing on political science theories of policy processes and related theoretical concepts, this innovative edited volume will be of great interest to students and scholars of environmental policy and politics and South Asian studies more broadly.
