4/28/2025

Subject Code: ES-302

Environmental Studies: Scientific and
Engineering Aspects

ENVIRONMENTAL
POLICY AND
LEGISLATION
Dr. Ashootosh Mandpe
Assistant Professor
Department of Civil Engineering
Indian Institute of Technology Indore
Dr. Ashootosh Mandpe 1
28-04-2025

What will you learn in

Today’s Lecture

• Various aspects
associated with
Environmental
Regulations and their
importance
• Process of framing an
Environmental Policy
• Environmental Policies
and Regulations in the
Indian Context

28-04-2025 Dr. Ashootosh Mandpe 2

Dr. Ashootosh Mandpe 1

 4/28/2025

What is an Environmental Policy?

• Policy refers to a set of principles or plans agreed upon by a government or an organization to be carried out in a particular situation. It
refers to the general set of plans and principles for addressing problems and guiding decision-making.
• Public policy are laws, regulations, orders, incentives, and practices laid by the government with intentions to advance societal welfare.
• Environmental policy is defined as any action deliberately taken to manage human activities with a view to prevent, reduce, or mitigate
harmful effects on nature and natural resources, and to ensure that man-made changes to the environment do not have harmful effects on
humans or the environment.
• Environmental policy usually covers air and water pollution, waste management, ecosystem management, biodiversity protection, and the
protection of natural resources, wildlife, and endangered species. Proper policies and legislation at the national and international levels
can reduce venomous pollution and help protect biodiversity and natural resources.
• Environmental policy is probably the only policy domain that has the main goal of protecting non-human entities.

28-04-2025 Dr. Ashootosh Mandpe 3

Environmental Policy
It is primarily concerned with how to govern the relationship
between humans and the natural environment in a mutually
beneficial manner. Traditionally, it has been defined in terms of
the problems it addressed, such as controlling pollution and
waste flows and limiting habitat loss. However, policymakers
have begun to appreciate that environmental policy will only be
genuinely successful when it is sensitively integrated with other
The ingredients include science, ethics, and economics to formulate policies, and
sectors and policy areas. Politically speaking, environmental the government to interact with citizens, organizations, and the private sector.
policy integration’ represents a new but potentially difficult stage
in the continuing metamorphosis of environmental policy into a
much wider policy supporting sustainable human development. The policy cycle is a
path through which
rules are developed,
Environmental policies targe for sustainable exhibitions, enacted, tested, and
sustainable procurement of resources, sustainable design, revised.

prefer going green on energy resources, pollution reduction,

conservation of natural resources, and create sustainable
awareness 28-04-2025 Dr. Ashootosh Mandpe 4

Dr. Ashootosh Mandpe 2

 4/28/2025

Need for Environmental Policy & Legislation

28-04-2025 Dr. Ashootosh Mandpe 5

Objectives of Environmental Policy

This takes its origin from the National Environmental Policy Act (NEPA) of the US on Jan 1st, 1970. A policy is being framed that will encourage
productive and enjoyable harmony between man and his environment. The objectives include:
• To promote efforts that will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man.
• To enrich the understanding of the ecological system and natural resources important to the nation.
• Protect natural resources such as water, air, and soil.
• Protection of biodiversity destruction.
• Prevent pollution.
• Combating desertification and save landscapes.
• Encourage, develop and apply the best available technical solution.
• Ensure that the polluters pay for the pollution and control arrangement.
• Focus protection on the heavily polluted areas and river stretches.
• The integrated management of waste and hazardous materials and chemicals.
• Involve the public in decision-making.
28-04-2025 Dr. Ashootosh Mandpe 6

Dr. Ashootosh Mandpe 3

 4/28/2025

Making an Environmental Policy

3. Envision
1. Identify a
solution
problem

2. Pinpoint the 4. Get

cause organized

28-04-2025 Dr. Ashootosh Mandpe 7

Making an Environmental Policy

5. Cultivate
access and 6. Shepherd
influence the solution
to law

7. Implement,
assess and
interpret
policy
28-04-2025 Dr. Ashootosh Mandpe 8

Dr. Ashootosh Mandpe 4

 4/28/2025

What is an Environmental Legislation?

• Environmental legislation is a set of laws and regulations which aim at protecting the environment (like protecting the quality
of air, water, wildlife strength, and environmental health, etc) from harmful actions. It means a plan of action adopted by the
Government rationalizing the course of action.
• The Environmental legislation tries to enact all the laws of the environment in a justifiable manner
• Legislation may take many forms, including regulation of emissions that may lead to environmental pollution, taxation of the
environment- and health-damaging activities, and establishing the legal framework for trading schemes, for example, carbon
emissions. Other actions may rely on voluntary agreements. Among major current legislative frameworks are those relating to
environmental permitting, and those mandating environment and health impact assessments.
• The Legislation varies from country to country, but their main focus is on a common goal of secure and sustainable living on
Earth.

Dr. Ashootosh Mandpe 9

28-04-2025

Environmental Legislation
The umbrella of environmental legislation covers many laws and regulations, yet they all work together toward a
common goal, which is regulating the interaction between man and the natural world to reduce threats to the
environment and increase public health.

To better understand environmental law, let's look at an example.

• An energy company wants to build a coal-burning power plant to
create electricity for the community.
•Where should this power plant be built?
• What type of pollutants might result from the coal burning, and what
measures will need to be taken to control harmful emissions?
• If the power plant is built at the edge of town to lessen air pollution for
the human population, how will this impact lesser species that inhabit
the land downwind of the plant?
These are all considerations to be evaluated within the scope of
environmental law.
28-04-2025 Dr. Ashootosh Mandpe 10

10

Dr. Ashootosh Mandpe 5

 4/28/2025

Environmental Legislation serves the following

purposes
• It protects the environment by punishing offenders
• It protects the resources from abuses
• Encourage the restoration of the environment
• It restricts emission or discharge of the environmental; pollutants in excess of the standards.
• It ensures a smooth solution of conflicts.
• It ensures as guidelines for industries:
o To select non-objectionable raw materials for their processes.

o To make improvements in manufacturing processes.

28-04-2025 Dr. Ashootosh Mandpe 11

11

What is Environmental Law?

Environmental Law means the laws that regulate the impact of human activities on the environment. Environmental law
covers a broad range of activities that affect air, water, land, flora, or fauna. It includes laws that relate to:

Protection of animals and plants Agriculture and farming

Planning for the use and development of land Waste management
Mining, exploration, and extractive industries Climate change and emissions
Forestry Weeds and invasive species
Pollution Chemicals and pesticides
Fisheries Conservation of natural and cultural heritage
Land and fire management Water resource management (lakes,
wetlands, rivers, and oceans)
Marine life

28-04-2025 Dr. Ashootosh Mandpe 12

12

Dr. Ashootosh Mandpe 6

 4/28/2025

Targets of Environmental Laws: Who or what gets

regulated?
1. Products:
The legislation targeted at products can be broad like the Toxic Substances Control Act (TSCA), which regulates any chemical substance or
mixture. Or, legislation can be more specific like the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), which only governs pesticide
chemicals.
2. Pollutants:
Virtually every pollutant resulting from industrial, commercial, or domestic activities fall within the scope of a federal environmental
statute. Industrial Facilities. Federal regulation targeted at industrial facilities is the most popular and perhaps the easiest form of
regulation to enforce because facilities are fewer in number than individuals. For example, the EPA can more easily impose requirements for
emissions reductions against car manufacturers rather than individual car owners.

28-04-2025 Dr. Ashootosh Mandpe 13

13

Targets of Environmental Laws: Who or what gets

regulated?
3. Government Agencies.

Governmental entities may be regulated if they own certain kinds of facilities that are part of the pollution problem, e.g. public water
supply systems.
4. Individuals.
Regulation of individual conduct is less popular than regulation of facilities for both political and practical reasons.
5. Land Use:
While most private land use decisions are regulated only at the local level, some of the federal environmental laws contain provisions that
effect land use decisions. The Clean Water Act, for example, requires individuals to obtain permits before dredge and fill operations are
conducted on wetlands.

28-04-2025 Dr. Ashootosh Mandpe 14

14

Dr. Ashootosh Mandpe 7

 4/28/2025

Differences between Policy and Law

Policy Law
It is a decision making frame work of They are a set standards, principles,
course of action to achieve effect or and procedures that must be
change in the society followed in society

It is informal, as it is just a statement It is more formal as it is a system of

or a document of what it intended to rules and guidelines that are made
be done in the future for implementing justice
Policies can lead to new law They can be modified/reviewed but
not lead to new policies
Policies are made in the name of the Laws are made for the people
people
They are administered by the state Laws are administered through the
institutions or officials courts, which is enforceable in which
the policies comply

Dr. Ashootosh Mandpe 15

28-04-2025

15

International Environmental Policy

Ways to help governments across the world to come to an agreement on environmental issues. They include:
1. United Nations
2. European Nations
3. World Trade Organization
4. World Bank
5. Non-governmental organization.
International
environmental policy is
Major International Treaties supported by :
1. Customary law:
• Antarctic Treaties System laws/customs held
• Convention on International Trade in Endangered Species of wildlife by most cultures
• Kyoto Protocol 2. Conventional Law:
from conventions or
• Montreal on substance that deplete the ozone layer treaties
• United Nations Framework Convention on climate change

28-04-2025 Dr. Ashootosh Mandpe 16

16

Dr. Ashootosh Mandpe 8

 4/28/2025

Some International Treaties

With growing recognition of the interconnections in our global environment, nations have become increasingly interested in signing on to international
agreements (often called “treaties” or “conventions”) for environmental protection. A principal motivation in these treaties is the recognition that countries
can no longer act alone to protect their own resources and interests.
CBD: Convention on Biological Diversity 1992 (1993)* CITES: Convention on International Trade on Endangered
CITES: Convention on International Trade on Endangered Species of Wild Fauna and Flora 1973 (1987)
CMS: Convention on the Conservation of Migratory Species of Wild Animals 1979 (1983)
Basel: Basel Convention on the Transboundary Movements of Hazardous Wastes and their Disposal 1989 (1992)
Ozone: Vienna Convention for the Protection of the Ozone Layer and Montreal Protocol on Substances that Deplete the Ozone Layer
1985 (1988)
UNFCCC: United Nations Framework Convention on Climate Change 1992 (1994)
CCD: United Nations Convention to Combat Desertification in those Countries Experiencing Serious Drought and/or Desertification,
Particularly in Africa 1994 (1996)
Ramsar: Convention on Wetlands of International Importance especially as Waterfowl Habitat 1971 (1975)
Heritage: Convention Concerning the Protection of the World Cultural and Natural Heritage 1972 (1975)
28-04-2025 Dr. Ashootosh Mandpe 17

17

Environmental Protection Acts in India

With the rapid increase in industrialization and human needs, the environment has been badly suffered. Thankfully, the importance of protection, as well as
conservation of the environment along with sustainable use of natural resources, is reflected really well in the constitutional framework of India. The Environmental laws in
India give huge importance to maintaining an ecological balance of the environment by safeguarding the forests and wildlife of the country. There are certain constitutional
provisions that give certain power and rights to the citizens to protect the environment.

• Article 48A: This Article comes under the Directive principle of the State policy. This article implies that State shall endeavor to protect the environment. It also emphasizes
safeguarding the forests and wildlife of the country. Article 48A imposes a duty on State to protect the environment from pollution by adopting various measures.

• Article 51A (g): This Article states that it shall be the duty of each and every citizen of India to protect and improve the natural environment that includes lakes, rivers, forests,
and wildlife. This Article also focuses on showing compassion for living creatures. This article is similar to Article 48A, but the only difference is that it concentrates on the
fundamental duty of citizens whereas Article 48A instructs the state to perform its duties and protect the environment.

• Article 253: This Article gives power to Parliament to create laws for the country in order to implement any treaty conventions and agreements with other countries. By this
article, Parliament enacted various laws in order to protect the environment like - Water Act 1974, Air Act 1981, and the Environmental Protection Act 1984.

• Article 246: This article divides the subjects of legislation between Union and State. It also provides the details of the Concurrent list in which both the Union and State make
laws by sharing the jurisdiction comprising the protection of mines, wildlife, and minerals development. So, both State and Union have the power to enact laws to protect the
environment. Article 246 also provides the extra power to Parliament in order to make laws in the State list for the National interest.

• Article 47: This article imposes a duty on the State in order to improve the standards of living of citizens by providing health facilities, proper nutrition, and sanitization and
protecting the environment to live safely. Article 47 also pressurizes its citizens to be more conscious of the environment.

• Article 21: It states that the right to life is not just for animals but also provides the right to humans to live safely in an environment with basic human dignity. Because. In M.C.
Mehta vs. Union of India, Supreme Court had stated that the right to live includes living in a pollution-free environment and being free from diseases.

• Article 19(1) (g): It states that citizens cannot practice such trade or business activities that are hazardous to public health.

• Article 32 & 226: This article provides the right to citizens to approach to Supreme or High Court whenever there is a violation of fundamental rights by PIL (Public Interest
Litigation). This article helps preserve the environment and maintain ecological balance. This Article also dictates that environment conservation is not just the duty of
government but also the responsibility of the citizens of India. Dr. Ashootosh Mandpe 18
28-04-2025

18

Dr. Ashootosh Mandpe 9

 4/28/2025

Major Environment Policies and Legislations in India and

their Goals State wise Bengal tiger
population India as of 2018.
The Wildlife Protection Act,1972 • This act introduced rational and modern wildlife management.
• It has six schedules that give varying degree of protection.
• Statutory bodies under WPA:
 National Board for wildlife and state wildlife advisory boards
 Central zoo authority
 Wildlife Crime Control Bureau
There are 53 Tiger Reserves in  National Tiger Authority
India,

Water Conservation • To provide prevention and control of water pollution.

and Control of • Maintaining or restoring of wholesomeness and purity of water in various sources of
Pollution Act,1974 water.
• Statutory bodies:
 Centre Pollution Control Boards (CPCB), and
 State Pollution Control Board (SPCB).
CPCB and SPCB establish and enforce effluent standards for factories discharging pollutants
into water bodies.
28-04-2025 Dr. Ashootosh Mandpe 19

19

Major Environment Policies and Legislations in India and

their Goals
The Forest Conservation Act, 1980 • It extends to India except the State of Jammu and Kashmir.
• Came into force on the 25th day of October 1980.
• The Parliament of India ensures the conservation of forests and its resources
• The aim of the Act is to preserve the forest ecosystem of India by fulfilling the following objectives:
 Protect the forest along with its flora, fauna and other diverse ecological components while preserving the integrity and
territory of the forests.
 Arrest the loss of forest biodiversity
 Prevent forest lands being converted into agricultural, grazing or for any other commercial purposes and intentions.
Air Prevention and Control of • To provide for prevention, control, and abatement of air pollution
Pollution act, 1981 • To provide for the establishment of the boards at the central and state levels to implement the act.
• CPCB and SPCB were given the responsibility.
The Environment Protection Act, • It focuses on the conservation of the environment
1986 and the purpose of plugging the rules in the existing
legislation.
• This act was passed under article 253
(legislation for giving effect to international
agreements)

28-04-2025 Dr. Ashootosh Mandpe 20

20

Dr. Ashootosh Mandpe 10

 4/28/2025

Major Environment Policies and Legislations in India and

their Goals
The Hazardous Waste • To control the generation, collection, treatment, import, storage, and
(Management and handling of hazardous waste.
Handling), 1989 • These Rules came into effect in the year 1989
• The Rules lay down corresponding duties of various authorities such as
MoEF, CPCB, State/UT Govts., SPCBs/PCCs, DGFT, Port Authority and Custom
Authority while State Pollution Control Boards/ Pollution Control
Committees

Public Liability Insurance Act, 1991 • provides compulsory insurance to provide immediate relief to the people who are affected by accidents while handling any
dangerous substance.
The Biomedical waste (Management • to streamline the process of proper handling of hospital waste such as segregation,
and Handling) Rules, 1998 disposal, collection, and treatment.
• These rules apply to all persons who generate, collect, receive, store,
transport, treat, dispose, or handle bio-medical waste in any form.
• The Government of every State/Union Territory shall constitute an
Advisory Committee. The Committee will include experts in the field of
medical and health, animal husbandry and veterinary sciences, environmental management, municipal administration, and any
other related department or organization including non-governmental organizations
28-04-2025 Dr. Ashootosh Mandpe 21

21

Major Environment Policies and Legislations in India and

their Goals
The Energy Conservation Act, • It was enacted as a step towards improving energy efficiency and reducing wastage. It specifies the energy consumption
2001 standards for equipment and appliances.
• It prescribes energy consumptions norms and standards for consumers. It prescribes energy conservation building codes for
commercial buildings.
• statutory body:
 Bureau of energy efficiency (BEE)
The Noise Pollution (Regulation • Rules lay down such terms and conditions as are necessary to reduce
and Control) Amendment, 2002 noise pollution, permit the use of loudspeakers or public address systems
during night hours on or during any cultural or religious festive occasion.

The Biological Diversity Act, To realize the objectives enshrined in the United Nations Convention on Biological Diversity (CBD), 1992 which recognizes the
2002 sovereign rights of states to use their own Biological Resources.
The Act aims at the conservation of biological resources and associated knowledge as well as facilitating access to them in a
sustainable manner
• It was implemented to give effect to CBD, Nagoya Protocol.
• To set up National Biodiversity Authority (NBA), State Biodiversity Boards (SBBS), and Biodiversity Management Committees
(BMCS).

28-04-2025 Dr. Ashootosh Mandpe 22

22

Dr. Ashootosh Mandpe 11

 4/28/2025

Major Environment Policies and Legislations in India and

their Goals
Coastal Regulation The Ministry of Environment and Forests had issued the Coastal Regulation Zone
Zone Notification vide Notification no. S O. 19(E), dated January 06, 2011 with an
Notification,2011 objective to ensure livelihood security to the fishing communities and other local
communities living in the coastal areas, to conserve and protect coastal
stretches and to promote development in a sustainable manner based on
scientific principles, taking into account the dangers of natural hazards in the
coastal areas and sea level rise due to global warming.

The National Green • It provides effective and immediate results for the disposal of instances that are
Tribunal Act , 2010 related to the protection of forests, environmental conservation, and
implementation of any legal rights which are related to the environment.
• The act also provides proper compensation and reassurance to the people and
property and their connected matters. The act is all about a proper point on the
jurisdiction power and proceedings of the tribunal and penalties of the actions
against the law.
• It also agrees with article 21, the Right to a healthy environment to its citizens of the
constitution.
28-04-2025 Dr. Ashootosh Mandpe 23

23

Environmental Protection Act, 1986

 Came into effect a year after the tragic Bhopal Gas Tragedy.
 The EPA is applicable to whole of India including Jammu & Kashmir.
 It is an umbrella legislation for environmental protection in India.
 EPA 1986 was enacted largely to implement the decisions made at the UN Conference on Human Environment held at Stockholm in June, 1972.
 The Act covers all forms of pollution.
 It was to co-ordinate the activities of the various regulatory agencies under the existing laws. It also seeks collection and dissemination of
information on environmental pollution. It can coordinate and execute nationwide programmes and plans to further environmental
protection.
 New mechanisms are being put in place to expedite the process of protecting and improving the environment. For example, new institutions
— the National Environment Management Authority (NEMA) and the State Environment Management Authorities (SEMA) — in India have been
proposed as full-time technical organizations with the capacity to process all environmental clearance applications in a time-bound manner.
28-04-2025 Dr. Ashootosh Mandpe 24

24

Dr. Ashootosh Mandpe 12

 4/28/2025

Environmental Protection Act In India

28-04-2025 Dr. Ashootosh Mandpe 25

25

Approaches to Environmental Policy

1. Tax Breaks & Subsidies
Tax breaks for industries that perform environmentally-friendly actions (reducing emission,
solar panels)
2. Green Taxes:
Taxes are placed on companies’ harmful actions to the environment.
Money that is collected is used to clean up the area
Attempts to encourage companies to change bad practices
3. Cap-and-Trade
Government decides the max quantities of a pollutant and issues permit to particular companies
Can be bought, sold, and trade The cap-and-trade approach in the U.S.
has helped reduce sulfur dioxide
emissions that cause acid rain by 35%
28-04-2025 26
Dr. Ashootosh Mandpe

26

Dr. Ashootosh Mandpe 13

 4/28/2025

Approaches to Environmental Policy

4. Local Incentives
Efforts on the local level to charge for waste disposal and rebates for water-efficient toilets,
Energy Star appliances, etc.
5. Command-and-control:
Environmental policy sets rules or limits and threatens punishment for violators.
It relies on the standards of various types to bring about improvements in environmental quality.
Most environmental laws have resulted in safe, healthy, and comfortable lives.

28-04-2025 27
Dr. Ashootosh Mandpe

27

Carbon Credit Trading Scheme (CCTS)

India is advancing its climate policy by implementing the Carbon Credit Trading Scheme (CCTS) and the Green
Credit Program, aiming to reduce greenhouse gas emissions and promote sustainable practices.
Regulatory Framework: Established under the Energy Conservation (Amendment) Act, 2022, the CCTS
empowers the government to create a domestic carbon market. The Ministry of Power oversees the scheme, with
the Bureau of Energy Efficiency (BEE) serving as the designated administrator.
1. Green Credit Program:
Launch and Objectives: Introduced in October 2023 as part of the Lifestyle for Environment (LiFE) initiative,
this market-based mechanism incentivizes voluntary environmental actions across various sectors, including
individuals, societies, industries, and private companies.
Scope of Activities: The program encompasses eight key areas: tree plantation, water conservation,
sustainable agriculture, waste management, air pollution reduction, mangrove conservation, eco-friendly product
certification (Eco Mark), and sustainable building and infrastructure development.

28-04-2025 Dr. Ashootosh Mandpe 28

28

Dr. Ashootosh Mandpe 14

 4/28/2025

Why is enforcement of Environmental Laws Difficult?

Environmental Policies are challenged, ignored, and rejected by citizens and policymakers
because:
1. Poor coordination across government agencies.
2. Weak institutional capacity.
3. Lack of access to information.
4. Environmental Policy involves the government regulation-property owners and businesses, people think regulations are inconvenient
and cause economic loss.
5. Corruption and stifled civic engagement are the key factors behind the poor effectiveness and implementation of environmental
regulations
6. Problems develop gradually, over the long term, but human behavior is geared towards short-term needs
1. Business opt for short term-economic gain
2. News media have short attention span
3. Politicians act out of short-term interest.

28-04-2025 Dr. Ashootosh Mandpe 29

29

28-04-2025 Dr. Ashootosh Mandpe 30

30

Dr. Ashootosh Mandpe 15

 4/28/2025

References
• https://www.tutorialspoint.com/environmental_studies/environmental_studies_policy_legislation
.htm
• https://www.epa.nsw.gov.au/licensing-and-regulation/legislation-and-compliance
• http://iced.cag.gov.in/?page_id=256
• International Encyclopedia of the Social & Behavioral Sciences (Second Edition), 2015
• http://spa.ac.in/writereaddata/Day3(NGT).pdf
• https://www.legitquest.com/legal-guide/environment-laws-in-india
• https://www.unep.org/news-and-stories/press-release/dramatic-growth-laws-protect-
environment-widespread-failure-enforce

28-04-2025 Dr. Ashootosh Mandpe 31

31

Thanks!

• ANY QUESTIONS?

You can find me at

as_mandpe@iiti.ac.in
28-04-2025 Dr. Ashootosh Mandpe 32

32

Dr. Ashootosh Mandpe 16