COURSE MANUAL

ENVIRONMENTAL LAW

COURSE INSTRUCTORS:

Aakriti Tripathi
Anny Gabriela Molina Ochoa
Charu Sharma
Christian Sopuruchi Godsfriend
Hakim Tahiru
Sampada Nayak
Sara Acevedo Garzon
Srujana Bej

COURSE COORDINATOR:

Rohit Roy

SEMESTER:

SPRING 2024
(ACADEMIC YEAR 2023-24)

CORE COURSE
 JINDAL GLOBAL LAW SCHOOL

CONTENTS

PART I

General Information …………………………………………………………………………….……Page 3

PART II

a. Course Description .………………………………………………………………………………Page 5

b. Course Aims …………………………………………………………………………………………Page 5

c. Intended Learning Outcomes …………………………………………………………………Page 6

d. Grading of Student Achievement …………………………………………………........….Page 7

PART III

a. Keyword Syllabus ………………………………………………………………………..……… Page 8

b. Course Policies ……………………………………………………………………………………. Page 8

PART IV

a. Weekly Course Outline …………………………………………………………..............…. Page 11

b. Readings ……………………………………………………………………………………………. Page 12

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PART I

General Information

General information on, Environmental Law Course offered by Jindal

Global Law School in the AY 2023-24

The information provided herein is by the Course Coordinator. The following

information contains the official record of the details of the course.

This information shall form part of the University database and may be
uploaded to the KOHA Library system and catalogued, and distributed
amongst 4th year Law students for B.A. LL.B. (Hons), B.B.A. LL.B. (Hons),
B.Com LL.B. (Hons), LL.B., and 3rd year LL.B. (Hons), and B.A. (Hons)
Legal Studies, (B.A. Legal Studies for students enrolling in or after AY
2023-24), B.A. (Hons) Criminology and Criminal Justice (B.A. Criminology
and Criminal Justice for students enrolling in or after AY 2023-24), and
LL.M. courses, if necessary.

COURSE TITLE: Environmental Law

COURSE CODE: L-CT-0020

COURSE DURATION: 15 WEEKS X 4 HOURS PER WEEK = 60 HOURS

NUMBER OF CREDIT UNITS: 4

LEVEL: FIVE YEAR DEGREE PROGRAMME

MEDIUM OF INSTRUCTION: ENGLISH

PRE-REQUISITES: NA

PRE-CURSORS: NA

EQUIVALENT COURSES: NA

EXCLUSIVE COURSES: NA

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PART II

A. COURSE DESCRIPTION

This course will explore the theories, legal materials, issues, systems, and debates that
animate environmental law and ecological policy discourse in India and in varying local,
regional and global contexts. It focuses on three main aspects. Firstly, it introduces the
subject by tracing the history of the environmental movement and law scholarship. This
includes exploring both general aspects like ethics, theories, principles, and legal
sources, as well as specific areas such as pollution, air laws, water laws, land laws,
biodiversity, animal rights, desertification, climate change, indigenous rights,
sustainability, heritage, development, trade, and scientific uncertainty. The course
equally emphasizes urban and city-specific aspects of environmental law, giving due
attention to rural and non-urban landscapes. Lastly, it examines international
environmental law, considering principles that go beyond the Indian judicial system.

B. COURSE OUTCOMES

This course aims to provide a comprehensive exploration of environmental law and

ecological policy in India, spanning historical perspectives, diverse thematic areas, and
international dimensions.
At the end of the course, the students will be able to:
 Examine the intersection between law and environment for a better appreciation of
the role of law in environmental protection.

 Develop an understanding of the private law and public law aspects of environmental
regulation.

 Understand and appreciate the critical role played by the judiciary in India in
developing a rights-based framework for environmental regulation in India.

 Explore the evolution of international environmental law and its impact on domestic
environmental regulation.

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C. INTENDED LEARNING OUTCOMES

INTENDED
LEARNING TEACHING AND LEARNING ASSESSMENT
OUTCOMES AND ACTIVITIES TASKS/ACTIVITIES
WEIGHTAGE
By the end of the course, students should:
Explain, analyse, Reading of textbooks and End of course exam –
critique and research articles 50%
constructively employ A. Students will acquire
(in general and in knowledge of the Internal assessment –
specific contexts) the perspectives about the 50%
prescribed writings topics to be covered in the
and ideas of syllabus. Each course instructor
environmental law and shall devise
B. Preparation outside the
its various assignments to be
class
intersections. evenly spread through
Lectures the course of the
C. Students will be given semester.
guidance on their reading Nature, submission
and their research for the deadlines and
lectures and tutorials marks for each of
these assignments
D. Students will, by must be shared by
responding to questions the course
and performing exercises, instructor with
develop their analytical their respective
and critical capabilities class within the
first 15 days of the
Research and Writing
semester
Students will research and
participate in class discussions

D. GRADING OF STUDENT ACHIEVEMENT

To pass this course, students must obtain a minimum of 40% in the cumulative
aspects of coursework, for example, moot, and final examination. End of semester
exam will carry 50 marks out of which students have to obtain a minimum of 15
marks to fulfil the requirement of passing the course.

The details of the grades as well as the criteria for awarding such grades are
provided below.

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PERCENTAGE GRADE
GRADE GRADE DESCRIPTION
OF MARKS VALUE
Outstanding – Exceptional
knowledge of the subject matter,
thorough understanding of issues;
80 and above O 8
ability to synthesize ideas, rules and
principles and extraordinary critical
and analytical ability
Excellent - Sound knowledge of the
subject matter, thorough
75 – 79 A+ 7.5 understanding of issues; ability to
synthesize ideas, rules and principles
and critical and analytical ability
Very Good - Sound knowledge of the
subject matter, excellent organizational
capacity, ability to synthesize ideas,
70 – 74 A 7
rules and principles, critically analyze
existing materials and originality in
thinking and presentation
Good - Good understanding of the
subject matter, ability to identify issues
65 – 69 A- 6 and provide balanced solutions to
problems and good critical and
analytical skills
Fair – Average understanding of the
subject matter, limited ability to
60 – 64 B+ 5 identify issues and provide solutions to
problems and reasonable critical and
analytical skills
Acceptable - Adequate knowledge of
the subject matter to go to the next
55 – 59 B 4
level of study and reasonable critical
and analytical skills.
Marginal - Limited knowledge of the
subject matter and irrelevant use of
50 – 54 B- 3
materials and, poor critical and
analytical skills
Pass 1 – Pass with basic understanding
45 – 49 P1 2
of the subject matter
Pass 2 – Pass with rudimentary
40 – 44 P2 1
understanding of the subject matter

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PERCENTAGE GRADE
GRADE GRADE DESCRIPTION
OF MARKS VALUE
Fail - Poor comprehension of the
subject matter; poor critical and
Below 40 F 0 analytical skills and marginal use of the
relevant materials. Will require
repeating the course
When the student has not appeared in
the examination. If an "Ab" grade is
Absent Ab 0 assigned, it will require a resit
examination and/or repeating the
course.

PART III

E. KEYWORD SYLLABUS

Environment, ecology, nature, culture, history, human rights, air, water, forests,
wildlife, biodiversity, indigenous people, heritage, pollution, courts and judicial
remedies, institutional framework, climate change, urban environment, development.

F. COURSE & CLASS POLICIES

CELL PHONES, LAPTOPS AND SIMILAR GADGETS

The course instructors will regulate the use of gadgets based on the day-to-day class
requirements.

INTERNAL ASSESSMENTS

The nature of internal assessments will be discussed in class and finalized along with the
deadlines within the first two weeks of the start of the course.

ACADEMIC INTEGRITY AND PLAGIARISM

Learning and knowledge production of any kind is a collaborative process. Collaboration

demands an ethical responsibility to acknowledge who we have learnt from, what we
have learned, and how reading and learning from others have helped us shape our own
ideas. Even our own ideas demand an acknowledgement of the sources and processes
through which those ideas have emerged. Thus, all ideas must be supported by citations.
All ideas borrowed from articles, books, journals, magazines, case laws, statutes,
photographs, films, paintings, etc., in print or online, must be credited with the original

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source. If the source or inspiration of your idea is a friend, a casual chat, something that
you overheard, or heard being discussed at a conference or in class, even they must be
duly credited. If you paraphrase or directly quote from a web source in the examination,
presentation or essays, the source must be acknowledged. The university has a
framework to deal with cases of plagiarism. All form of plagiarism will be taken
seriously by the University and prescribed sanctions will be imposed on those who
commit plagiarism.

DISABILITY SUPPORT AND ACCOMMODATION REQUIREMENTS

JGU endeavours to make all its courses accessible to students. In accordance with the
Rights of Persons with Disabilities Act (2016), the JGU Disability Support Committee
(DSC) has identified conditions that could hinder a student’s overall well-being. These
include physical and mobility related difficulties, visual and hearing impairment, mental
health conditions and intellectual/learning difficulties e.g., dyslexia, dyscalculia.
Students with any known disability needing academic and other support are required to
register with the Disability Support Committee (DSC) by following the procedure
specified at https://jgu.edu.in/disability-support-committee/

Students who need support may register any time during the semester up until a month
before the end semester examination begins. Those students who wish to continue
receiving support from the previous semester, must re-register within the first month of
a semester. Last minute registrations and support might not be possible as sufficient
time is required to make the arrangements for support.

The DSC maintains strict confidentiality about the identity of the student and the nature
of their disability and the same is requested from faculty members and staff as well. The
DSC takes a strong stance against in-class and out-of-class references made about a
student’s disability without their consent and disrespectful comments referring to a
student’s disability.

All general queries are to be addressed to [email protected]

SAFE SPACE PLEDGE

This course may discuss a range of issues and events that might result in distress for
some students. Discussions in the course might also provoke strong emotional
responses. To make sure that all students collectively benefit from the course, and do
not feel disturbed due to either the content of the course or the conduct of the
discussions. Therefore, it is incumbent upon all within the classroom to pledge to

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maintain respect towards our peers. This does not mean that you need to feel restrained
about what you feel and what you want to say. Conversely, this is about creating a safe
space where everyone can speak and learn without inhibitions and fear. This
responsibility lies not only with students, but also with the instructor.

P.S. The course instructor, as part of introducing the course manual, will discuss the
scope of the Safe Space Pledge with the class.

g. EXAMINATION

Environmental Law Course Assessments

Each of the 10-course groups will serve as panelists

for their respective course manual sections.
Active, rigorous, and analytical participation is
1 Class Review 5
required.
Grading will be conducted on an individual basis.

In groups of 3, students should make a PowerPoint

presentation on a topic related to the environment.
(Example: news of natural disasters, current
conflicts on industrial developments and the
impact on surrounding communities, discussions
News
2 5 on environmental regulations, recent rulings on
Presentations
important court cases, etc.).
Presentations will be made at the beginning of the
classes and will be 10 minutes long.
Once per semester or more voluntarily.

3 Environmental 5
Street Murals Each student must collect 5 to 10 photos of street
murals found in any city in India during the
duration of the semester.
These photographs will be shared in class between
weeks 13 and 14, along with a personal reflection on
the message the artist was trying to convey.

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General performance in class, attendance, interest

Engagement in
4 5 in the topics, contributions to discussions and
class
activities.

Partial exam on topics covered from week 1 to week

5 30 8.
Midterm Exam
It will take place in week 9.

 Cumulative exam of all topics covered

6 Final Exam 50 during the academic semester.

Total 100

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PART IV

WEEKLY COURSE OUTLINE AND READINGS

a. Weekly Course Outline

Week 1 INTRODUCTION

Week 2 UNDERSTANDING THE LIMITS OF TORT LIABILITY AND CRIMINAL LIABILITY IN

Week 3 ENVIRONMENTAL CONCERNS

Week 4

Week 5 WRIT REMEDIES AND THE NATIONAL GREEN TRIBUNAL

Week 6

Week 7
STATUTORY REGIMES REGULATING RISK
Week 8

Week 9
LAND REGUALTION – FOREST & WILDLIFE
Week 10

Week 11
TRANSNATIONAL MARKETS, CORPORATE LAW, AND ENVIRONMENTAL PROBLEMS
Week 12

Week 13
SUSTAINABILITY & CLIMATE CHANGE
Week 14

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Week 15 REVIEW

b. Readings

Books (available in the JGU library)

1. Shyam Divan and Armin Rosencranz, Environmental Law & Policy in India, OUP., 2022 3rd edn.
2. S Shanthakumar (2012) Introduction to Environmental Law, Lexis Nexis-Butterworths Wadhwa.
3. Philippe Sands (2011) Principles of International Environmental Law, Cambridge University Press.
4. P Leelakrishnan (2012) Environmental Law in India, Lexis Nexis-Butterworths Wadhwa.
5. Nawneet Vibhaw, Environmental Law: An Introduction, LexisNexis (2016).

Statutes (HARD COPY MANDATORY)

1. Water (Prevention and Control of Pollution) Act, 1974
2. Air (Prevention and Control of Pollution) Act, 1981
3. Environmental Protection Act
4. Indian Forest Act, 1927
5. Forest (Conservation) Act, 1980
6. Forest Rights Act
7. Wildlife Protection Act, 1972
8. Prevention of Cruelty to Animals Act, 1960
9. National Green Tribunal Act, 2010

* UNIVERSAL PUBLISHES A BOUND VOLUME OF ALL MAJOR ENVIRONMENTAL LEGISLATIONS (ensure there are
no comments in the Bare Act)

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WEEK 1
INTRODUCTION

Exploring various ethical paradigms surrounding the environment and engaging in discussions on prevalent
anthropocentrism, we will delve into the possibility of aligning human aspirations with our current trajectory.
Additionally, we will inquire into the potential solutions, including the consideration of granting legal personhood to
natural entities. This week's exploration will extend to encompass environmental justice and address pertinent issues
related to caste in the context of the development of environmental law and practice in India.

RECOMMENDED READINGS

1. John Alder and Wilkinson, Environmental Law and Ethics, Macmillan Law Masters (Chapter 2; Main ethical
approaches)
2. Sanja Bogojevic and Rosemary Rayfuse, Environmental Rights in Europe and Beyond: Setting the Scene, Swedish
Studies in European Law (Chapter 1).
3. Mohd. Salim v. State of Uttarakhand & Ors, 2017 SCC OnLine SC 291, 29-03-2017 (giving personhood to rivers)
4. Animal Welfare Board Of India vs A. Nagaraja & Ors, (2014) 7 SCC 547
5. Derek Bell and Jayne Carrick, Procedural environmental justice, Chapter 9 of The Routledge Handbook of
Environmental Justice
6. Kyle Whyte, The recognition paradigm of environmental justice, Chapter 10 of The Routledge Handbook of
Environmental Justice
7. Mukul Sharma, Caste, Environment Justice, and Intersectionality of Dalit–Black Ecologies, 13 Environment and
Society: Advances in Research 78-97 (2022).

SUGGESTED READINGS

1. Crutzen, Paul J. “The ‘Anthropocene.’” In Earth System Science in the Anthropocene, edited by Eckart Ehlers and
Thomas Krafft, 13–18. Berlin, Heidelberg: Springer Berlin Heidelberg, 2006.
2. Gadgil, Madhav, and Ramachandra Guha. “Ecological Conflicts and the Environmental Movement in India.”
Development and Change 25, no. 1 (1994): 101–36.

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WEEK 2 – 3
UNDERSTANDING THE LIMITS OF TORT LIABILITY AND CRIMINAL LIABILITY IN ENVIRONMENTAL
CONCERNS

The focus will be on comprehending tortious liability, which includes delving into aspects of nuisance, negligence,
trespass, strict liability, and absolute liability. Simultaneously, we will explore criminal liability under Sections 133 to 144
of the Criminal Procedure Code (Cr. P.C.) and briefly touch upon class action within the Civil Procedure Code (CPC). The
landmark decision related to the Bhopal Gas Tragedy will be discussed while examining the State's representation of the
victims within the legal framework.

RECOMMENDED READINGS

1. Municipal Council, Ratlam v Vardichand (1980-SC)

2. Union Carbide Corporation vs Union Of India, AIR 1992 SC 248
3. M.C. Mehta v. Union of India (Air 1987 SC 1086) – Oleum Gas Leak Case
4. State of Madhya Pradesh v. Warren Anderson and Others http://www.ielrc.org/content/c1004.pdf
5. Social Justice, 2014, Vol. 41, No. 1/2 (135-136), Special Issue: Bhopal and After: The Chemical Industry as Toxic
Capitalism (2014), pp. 53-79

SUGGESTED READINGS

1. B. Venkatappa v B Lovis (1986 – AP HC)

2. State of Madhya Pradesh v Kedia Leather and Liquor Ltd (2003) 7 SCC 389
3. Deepak Nitrite Ltd vs State Of Gujarat & Ors (2004 AIR SCW 3285)
4. Ram Baij Singh v Babulal (1982 - Allahabad)

ADVANCED READINGS
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1. Baxi, Upendra, and Amita Dhanda, eds. Valiant Victims and Lethal Litigations: The Bhopal Case. Indian Law
Institute and N.M. Tripathi, 1990. (Introduction)
2. Krishnan, Jayanth K., "Bhopal in the Federal Courts: How Indian Victims Failed to Get Justice" (2020). Articles by
Maurer Faculty. 2945, https://www.repository.law.indiana.edu/facpub/2945

WEEK 4-6
WRIT REMEDY AND THE NATIONAL GREEN TRIBUNAL

The focus will be on understanding the heightened use of writs as a redressal mechanism in environmental matters. We
will explore the consequential evolution of environmental jurisprudence, with notable contributions emanating from the
Supreme Court.
I. PUBLIC INTEREST LITIGATION
RECOMMENDED READINGS

1. Rajamani, Lavanya. “The Right to Environmental Protection in India: Many a Slip between the Cup and the Lip?”
Review of European Community & International Environmental Law 16, no. 3 (December 1, 2007): 274–86.
2. Bhushan, P (2004): “Supreme Court and PIL”, Economic & Political Weekly, Vol 39, No 18, pp 1770-74.
3. Sahu, G (2008): “Implications of Indian Supreme Court’s Innovations for Environmental Jurisprudence”, Journal
of Law, Environment and Development, No 4/1.
4. Nupur Chowdhury (2014) Environmental risk regulation and the Indian Supreme Court: an exercise in de-
formalization of the law?, Journal of Risk Research, 17:1, 61-80, DOI: 10.1080/13669877.2013.822918
5. Prashad, Garima, Indian Judicial Activism on the 'Right to Environment': Adjudication & Locus Standi (June 29,
2018). Available at SSRN: https://ssrn.com/abstract=3391846 or http://dx.doi.org/10.2139/ssrn.339184

Recommended Cases
1. M.C. Mehta v. Union of India, AIR 1988 SC 1037 (Kanpur Tanneries Case)
2. Sachidanand Pandey v State of West Bengal, AIR 1987 SC 1109
3. Rural Litigation and Entitlement Kendra v State of UP, AIR 1982 SC 652
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4. M/s Abhilash Textiles v Rajkot Municipal Corporation, AIR 1988 Guj. 57

RECOMMENDED READINGS
1. Subhash Kumar v State of Bihar, AIR 1991 SC 420
2. Fisher, Elizabeth. “Expert Executive Power, Administrative Constitutionalism and Co-Production: Why They
Matter.” In Regulating Risks in the European Union : The Co-Production of Expert and Executive Power. Hart
Publishing, 2017. https://doi.org/10.5040/9781509912650.
3. Rajamani, L. “Public Interest Environmental Litigation in India: Exploring Issues of Access, Participation, Equity,
Effectiveness and Sustainability.” Journal of Environmental Law 19, no. 3 (August 9, 2007): 293–321.
https://doi.org/10.1093/jel/eqm020.
4. Baxi, U (1997): “Judicial Activism: Usurpation or Re-Democratisation?”, Social Action, Vol 47, No 4

II.
ENVIRONMENTAL PRINCIPLES
POLLUTER PAYS, PRECAUTIONARY PRINCIPLE, PUBLIC TRUST DOCTRINE, SUSTAINABLE DEVELOPMENT

RECOMMENDED READINGS

1. M C Mehta v Kamal Nath, (1997) 1 SCC 388

2. Indian Council for Enviro-Legal Action v UOI 2010 SC (Bicchri Village case)
3. Vellore Citizens’ Welfare Forum v. Union of India and others [(1996) 5 SCC
4. Andhra Pradesh Pollution Control Board v MV Nayudu (1999(2) SCC 718)
5. Narmada Bachao Andolan v. Union of India AIR 2000 SC 3751
6. Intellectuals Forum, Tirupati v. State of A.P. AIR 2006 SC 1350

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III. THE NATIONAL GREEN TRIBUNAL ACT

RECOMMENDED READINGS

1. Armin Rosencranz and Geetanjoy Sahu, Assessing the National Green Tribunal after Four Years, (2015) 5 Journal
of Indian Law and Society, pp. 191-200.
2. Swapan Patra and V. Krishna, Role of Green Tribunals in India, Indian Journal of Geo Marine Science, (2015) Vol.
44(4), April, pp. 445-453.
3. Prafulla Samantra and Anr. v. Union of India and Ors. (POSCO Case).
4. M/S. Sterlite Industries (India) v. The Chairman, Tamil Nadu Pollution State Control Board and Ors. (Sterlite
Case).

SUGGESTED READINGS
1. Municipal Corporation of Greater Mumbai v. Ankita Sinha and other and connected cases, LL 2021 SC 549
(Available at: https://www.livelaw.in/top-stories/ngt-powers-not-adjudicatory-forum-inquisitorial-functions-
supreme-court-justice-hrishikesh-roy-183467)
2. Municipal Corporation of Greater Mumbai v. Ankita Sinha and other and connected cases, LL 2021 SC 549
(National Green Tribunal Is Vested With Suo Motu Jurisdiction, Declares Supreme Court (Available at:
https://www.livelaw.in/top-stories/ngt-suo-motu-jurisdiction-supreme-court-national-green-tribunal-suo-motu-
powers-letters-media-reports-183291).

ADVANCED READINGS
1. Asimow, Michael. “Five Models of Administrative Adjudication.” The American Journal of Comparative Law 63, no.
1 (January 1, 2015): 3–32. https://doi.org/10.5131/AJCL.2015.0001.
2. Gill, G. (2016). Environmental Justice in India: The National Green Tribunal and Expert Members. Transnational
Environmental Law, 5(1), 175-205. doi:10.1017/S2047102515000278

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WEEK 7-8
STATUTORY REGIMES REGULATING RISK

The exploration will centre on the legal and policy frameworks regulating environmental risks in accordance with the Air,
Water, and Environmental Protection Acts. This segment will also delve into the discussion of Environmental Impact
Assessment (EIA) and Coastal Regulation Zone (CRZ) norms, elucidating their significance and drawing insights from
relevant case laws.
I. WATER POLLUTION

RECOMMENDED READINGS

1. M/s Delhi Bottling Co. Pvt. Ltd. v Central Board for the Prevention and Control of Water Pollution, AIR 1986 Del.
152
2. Stella Silks vs. State of Karnataka, AIR 2001 Kant 219
3. Narula Dyeing & Printing Works vs. Union of India, AIR 1995 Guj 185
SUGGESTED READINGS

4. M C Mehta v Union of India, AIR 1988 SC 1037 (Kanpur Tanneries Case)

5. M C Mehta v Union of India, AIR 1988 SC 1115 (Municipalities Case)
6. Municipal Council, Ratlam v Vardichand, AIR 1980 SC 1622
7. M. C. Mehta v. Union of India, (2015) 12 SCC 764

II. AIR POLLUTION

RECOMMENDED READINGS

1. M C Mehta v Union of India, AIR 1997 SC 734 (Taj Trapezium Case)

2. M C Mehta v Union of India, AIR 2002 SC 1696 (CNG Vehicles Case)

SUGGESTED READINGS
3. Murli S. Deora v Union of India, AIR 2002 SC 40
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4. Forum, Prevention of Environmental & Sound Pollution v Union of India, AIR 2005 SC 3136
5. Orissa State Prevention and Control of Pollution Board v M/s Orient Paper Mills, AIR 2003 SC 1966
6. Church of God (Full Gospel) in India v KKR Majestic Colony Welfare Association, AIR 2000 SC 2773
7. Sirikoti Narayana Rao And Ors. vs A.P. Pollution Control Board 2007 SCC OnLine AP 133.
8. V.S. Damodaran Nair And Anr. vs State Of Kerala 1995 SCC OnLine Ker 83
9. J.C. Patil v. Union of India MANU/GT/0141/2015.

III. CONCEPTUAL/POLICY QUESTIONS ON EXPERTISE AND ENVIRONMENTAL REGULATION

RECOMMENDED READINGS

1. Sahu, Geetanjoy. “Environmental Regulatory Authorities in India: An Assessment of State Pollution Control
Boards.” Mumbia: Tata Institute of Social Sciences, 2013.
2. ON THE QUEST FOR GREEN COURTS IN INDIA by Bharat H. Desai* and Balraj Sidhu at
https://www.nycourts.gov/court-innovation/Winter-2010/jciDesai.pdf
SUGGESTED READINGS

3. AP Pollution Control Board v. M V Nayadu (1999)2SCC718

IV. REGULATORY REGIMES UNDER THE ENVIRONMENT PROTECTION ACT

A. Environmental Impact Assessments

RECOMMENDED READINGS
1. Utkarsh Mandal v. Union of India https://indiankanoon.org/doc/188721650/
2. Samarth Trust A Registered Trust v. Union of India MANU/DE/1129/2010
3. Hanuman Laxman Aroskar and Ors. v. Union of India and Ors.(2019)15 SCC 401(Goa airport case I)
4. Hanuman Laxman Aroskar v. Union of India and Ors, (2020) 12 SCC 1.( (Goa airport case II))
5. Jamwal, K and Charu Sharma, “The curious case of “violation”: deconstructing the procedure under the Draft
Environmental Impact Assessment Notification 2020”, 2021, Indian law Review, 1-11 available at
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https://doi.org/10.1080/24730580.2021.1992576
6. EIA notifications

SUGGESTED READINGS

1. Ghosh, Shibani. “Demystifying the Environmental Clearance Process in India – NUJS Law Review.” NUJS L. Rev 6
(2013): 433.
2. ADITHYA PRADYUMNA, Health Aspects of the Environmental Impact Assessment Process in India Economic and
Political Weekly, Vol. 50, No. 8 (FEBRUARY 21, 2015), pp. 57-64
3. Philippe Cullet , Sardar Sarovar Judgment and Human Rights , Economic and Political Weekly , May 5-11, 2001,
Vol. 36, No. 18 (May 5-11, 2001), pp. 1503-1504
4. Narmada Bachao Andolan v. Union of India and Ors., (2000) 10 SCC 664.

B. Coastal Regulation Zoning

RECOMMENDED READINGS

1. CRZ Notifications
2. Kohli, Kanchi, Manju Menon, Meenakshi Kapoor, Preeti Venkatram, and Satnam Kaur. “CZMAs and Coastal
Environments: Two Decades of Regulating Land Use Change on India’s Coastline | Centre for Policy Research.”
New Delhi: Center for Policy Research, 2015. https://www.cprindia.org/research/reports/czmas-and-coastal-
environments-two-decades-regulating-land-use-change-india%E2%80%99s.
3. Worli Koliwada Nakhwa v. Municipal Corporation of Greater Mumbai
https://www.livelaw.in/pdf_upload/pdf_upload-362244.pdf

WEEK 9-10
LAND REGULATION – FOREST & WILDLIFE

The focus will pivot towards the realm of land regulation within environmental law, specifically addressing forest
protection and wildlife. This exploration entails a comprehensive examination of pertinent statutes, including the Indian

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Forest Act, 1927, and The Wildlife (Protection) Act, 1972. We will delve into the legal intricacies and ecological
implications associated with these statutes, fostering a nuanced understanding of the regulatory frameworks governing
land use in the context of environmental conservation.

I. FOREST
RECOMMENDED READINGS

1. Indian Forest Act, 1927

2. Forest Conservation Act, 1980
3. Forest Rights Act, 2006
4. Guha, Ramachandra. “An Early Environmental Debate: The Making of the 1878 Forest Act.” The Indian Economic
& Social History Review 27, no. 1 (March 1, 1990): 65–84. https://doi.org/10.1177/001946469002700103.
5. T N Godavarman Thirumulkpad v Union of India, AIR 1998 SC 769, AIR 2005 SC 4256
6. Orrisa Mining Corporation v. Ministry of Environment and Forests [2013] 6 S.C.R. 881
7. K M Chinappa v Union of India, AIR 2003 SC 724
8. UOI vs. Kamath Holiday Resorts, AIR 2006 SC 1040
9. Samatha v. State of Andhra https://indiankanoon.org/doc/1969682/

Video:
10. Forest Man of India – Documentary, https://www.youtube.com/watch?v=HkZDSqyE1do&t=29s

II. WILDLIFE PROTECTION

RECOMMENDED READINGS

1. The Wildlife (Protection) Act, 1972

2. Prevention of Cruelty to Animals Act, 1960
3. Indian Handicrafts Emporium v Union of India, AIR 2003 SC 3240
4. Wildlife Protection Amendment Act, 2022, Available at:
https://prsindia.org/files/bills_acts/acts_parliament/2022/The%20Wild%20Life%20(Protection)
%20Amendment%20Act,%202022.pdf.
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5. Aathira Perinchery, ‘Why the Environment Ministry’s Proposed Changes to Wildlife Act Will Weaken it’ (The Wire,
20 Jan 2022) <https://thewire.in/environment/why-the-environment-ministrys-proposed-changes-to-wildlife-
act-will-weaken-it>.
6. CR Bijoy, ‘The underbelly of the Forest Conservation (Amendment) Bill 2023’ (Mongabay, 7 April 2023)
<https://india.mongabay.com/2023/04/commentary-the-underbelly-of-the-forest-conservation-amendment-bill-
2023/>

SUGGESTED READINGS

1. Brian Favre, “Is there a need for a new, an ecological, understanding of legal animal rights?,” Journal of Human
Rights and the Environment, Vol. 11 No. 2, September 2020, pp. 297–319
2. Animal and Environment Legal Defence Fund v Union of India, AIR 1997 SC 1071
3. Navin M Raheja v Union of India, (2001) 9 SCC 762
4. Chief Forest Conservator, Wildlife v Nisar Khan, AIR 2003 SC 1867
5. Centre for Environmental Law WWF-I v Union of India, AIR 1999 SC 354
6. State of Bihar v. Murad Ali Khan (1988) 4 SCC 655
7. Balram Kumawat v. UOI, AIR 2003 SC 3268

VIDEOS
1. How far should we go to stop poaching, BBC https://youtu.be/2EdfVvK1Ft0
2. Hampi – Valley of the Kings – short documentary about wildlife conservation in India,
https://www.youtube.com/watch?v=wZoJx16o15s
3. In Depth – Endangered Species, https://www.youtube.com/watch?v=H8cE8I7iMok

WEEK 11 & 12
TRANSNATIONAL MARKETS, CORPORATE LAW, AND ENVIRONMENTAL PROBLEMS

The focus turns to the intersection of transnational markets, corporate law, and environmental challenges. Within this
context, our exploration will extend to Corporate Social Responsibility (CSR) as delineated in the Companies Act of 2013,
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as well as the broader framework of Environment, Social, and Corporate Governance. This segment invites a
comprehensive analysis of how corporate practices intersect with environmental concerns, exploring legal frameworks and
ethical considerations that shape the relationship between corporate entities and environmental issues.

I. UNDERSTANDING TRANSNATIONAL MARKETS AND CORPORATE LEGAL RESPONSIBILITY

RECOMMENDED READINGS

1. Heyvaert, V., & Duvic-Paoli, L-A. (2020). The Meanings of Transnational Environmental Law. In V. Heyvaert, & L-
A. Duvic-Paoli (Eds.), Research Handbook on Transnational Environmental Law Edward Elgar.
2. Camelia Dewan, ‘Living with Toxic Development: Shipbreaking in the Industrialising Zone of Sitakunda,
Bangladesh’ (2020) 36(6) Anthropology Today
3. Carrie Bradshaw, ‘Corporate Liability for Toxic Torts Abroad: Vedanta v Lungowe in the Supreme Court’ (2020)
JEL 32, 139-150

II. ROLE OF THE CORPORATION AND CORPORATE LAW IN ADDRESSING ENVIRONMENTAL PROBLEMS

RECOMMENDED READINGS

1. Sarah E Light, ‘The Law of the Corporation as Environmental Law’ (2019) 71 Stanford Law Review 137.
2. Section 135, Companies Act 2013 (Corporate Social Responsibility)
3. Section 166, Companies Act 2013 (Directors Duties)
4. SEBI Circular SEBI/HO/CFD/CMD-2/P/CIR/2021/562, Business Responsibility and Sustainability Reporting by
Listed Entities (May 10, 2021).

III. ON ENVIRONMENTAL, SOCIAL, AND CORPORATE GOVERNANCE (ESG)

RECOMMENDED READINGS

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1. Bruner, Christopher M., The Corporation as Technology: Re-Calibrating Corporate Governance for a Sustainable
Future (April 18, 2022). Oxford University Press, 2022 (Introduction only).
2. Umakanth Varottil, The Regulatory Progression of ESG in India (IndiaCorpLaw, 14 Jan 2023) <
https://indiacorplaw.in/2023/01/the-regulatory-progression-of-esg-in-india.html>
3. Mikko Rajavuori, Annalisa Savaresi, and Harro van Asselt, ‘New Avenues for Corporate Climate Accountability’
(Oxford Business Law Blog, 2 May 2023) (further reading).

WEEK 13-14
SUSTAINABILITY & CLIMATE CHANGE

The section aims to provide a comprehensive overview, blending international environmental norms with a specific
emphasis on India's challenges and roles. It combines foundational principles, significant international agreements, and
India-specific documents, ensuring a well-rounded understanding of the subject area.

I. FOUNDATIONS OF SUSTAINABLE DEVELOPMENT

RECOMMENDED READINGS

1. SDGs, https://sdgs.un.org/goals
2. Christina Voigt, The Principle of Sustainable Development: Integration and Ecological Integrity, in Rule of Law for
Nature: New Dimensions and Ideas in Environmental Law 146–157 (Christina Voigt ed., 2013).

II. CLIMATE CHANGE

RECOMMENDED READINGS

1. The Paris Agreement, 2015

2. UNFCCC, Nationally Determined Contributions Registry
3. Bodansky, Brunnée and Rajamani, International Climate Change Law (2017) Chapter 7

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II. INDIA’S PERSPECTIVE

RECOMMENDED READINGS

1. National Action Plan on Climate Change pgs. 1-9

2. India’s NDC (2015), Updated NDC (2022)
3. India's Third National Communication (2023) along with Adaptation Communication
4. UNEP Emissions Gap Report (2023)

SUGGESTED READINGS

1. Outcomes of the UN Climate Change Conference in Bonn (C2ES, 2017)

2. Rajamani, The US and the Paris Agreement: In or Out and At What Cost, EJIL Talk, 10 May 2017
3. Rajamani, Reflections on the US withdrawal from the Paris Agreement, EJIL Talk, 5 June 2017
4. Dubash, Navroz K., Radhika Khosla, Ulka Kelkar, and Sharachchandra Lele. “India and Climate Change: Evolving
Ideas and Increasing Policy Engagement.” Annual Review of Environment and Resources 43, no. 1 (2018): 395–
424.
5. Dipesh Chakrabarty, The Politics of Climate Change is More Than the Politics of Capitalism
6. David Klenert, Franziska Funke, Linus Mattauch & Brian O’Callaghan, ‘Five Lessons from COVID-19 for Advancing
Climate Change Mitigation’, Environmental and Resource Economics 75:751–778(2020)
7. Sumudu Atapattu, Significance of International Environmental Law Principles in Reinforcing or Dismantling the
North–South Divide
8. Iacobuta, Gabriela, Navroz K. Dubash, Prabhat Upadhyaya, Mekdelawit Deribe, and Niklas Höhne. “National
Climate Change Mitigation Legislation, Strategy and Targets: A Global Update.” Climate Policy 18, no. 9 (October
21, 2018): 1114–32.

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Week 15: REVIEW

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