Inputs for this post derived from this journal.
Smart grid is the future. Reforms in the electricity industry can be achieved with better technology, increased investments on transmission and distribution lines even as it remains supported by a new regulatory compact that helps inter-state power transactions
Smart grid is a computerized system that can schedule energy transmission and distribution, correcting load imbalances even as it permits electricity to run both ways even on distribution lines. Smart grids enhance distributed generation by incorporating net metering capacity and providing real-time information on demand, supply and consumption. Smart grid improves economic and energy efficiency for the benefit of developing nations.
Smart grid will facilitate “demand response programming”, fine-tune price signals, especially so with renewable energy, and offer real-time accurate pricing for end-users. It enables energy producers and consumers to capture more surpluses and connect renewable energy sources to the traditional system. Smart grid forces utilities to expand their businesses to include energy efficiency. Smart grid investments could garner higher returns for those utilities that are also engaged in the business of sale of energy efficiency and relevant technologies.
Energy policies should “internalize the costs of the externalities” by addressing the social costs of pollution into the price of electricity. China has surged ahead in building smart grid technology and while India in collaboration with IBM has just begun to conduct cost-benefit analysis of smart grid initiatives and determine India's readiness to deploy smart energy technologies.
A step towards smart grid will be to infuse more investments into renewable energy projects and evolve a rate formula that discourages consumption, reduces the demand and promotes conservation. Renewable portfolio standards (RPS) and Renewable energy credits (RECs) are some of the obligations placed on the utilities to meet their commitment to generate power through renewable energy sources with disclosure requirements.
What seems equally important at this point in time is the development of a regulatory framework to make smart grid work effectively. Renewable energy obligations need to be imposed upon utilities through an appropriate regulatory and legal framework which can eventually tie itself up to the smart grid framework and enable purchase of power from other states with better enforcement of the renewable energy obligations on utilities.
IEA on Smart Grids
This blog will direct the reader to some interesting articles, views, videos, blogs on environment and climate change.
Monday, May 30, 2011
Saturday, May 7, 2011
CSR in a global perspective...
Corporate Social Responsibility or CSR is a voluntary approach by a company striving to achieve sustainability through its commitment towards its employees, products, processes and policies. Corporate social responsibility reports describe the nature of environmental, ethical and social values that a company endorses. CSR reports change the way investors view future investments in keeping with sustainable development. There is an ongoing debate as to whether CSR reports should continue to be generated on a voluntary basis or made mandatory under corporate laws. A statutory mandate on CSR reporting for certain industries can promote the kind of accountability that suits globalization.
The changing rules in corporate investments and changing face of investing community.
Sustainability Reporting Guidelines
The changing rules in corporate investments and changing face of investing community.
Sustainability Reporting Guidelines
Saturday, April 23, 2011
Environmental justice through public participation....
The Aarhus Convention, adopted by the EU as early as 1998, recognized the right of every citizen to receive information held by public authorities on environmental policy-making.
The global influence of a regional agreement on public participation in environmental matters.
The Convention is based on the principle that the public had every right to participate in environmental decision-making of a state and communities enjoyed an inherent right to review procedural infirmities, if any, in the dispensation of environmental justice. Despite being a regional agreement, Aarhus Convention has attained global significance in matters relating to citizens' right to access to information pertaining to environmental issues and the state's duty to disseminate as such.
The global influence of a regional agreement on public participation in environmental matters.
The Convention is based on the principle that the public had every right to participate in environmental decision-making of a state and communities enjoyed an inherent right to review procedural infirmities, if any, in the dispensation of environmental justice. Despite being a regional agreement, Aarhus Convention has attained global significance in matters relating to citizens' right to access to information pertaining to environmental issues and the state's duty to disseminate as such.
Wednesday, April 20, 2011
Strategies - Wetlands International....
As a continuum of my earlier post, the links in this post shall direct the reader to interesting view points on wetlands governance.
Regulating smaller wetlands to maintain the biodiversity of a particular geographical region.
Focusing on wetlands in the Decade of Freshwater 2005-2015
Regulating smaller wetlands to maintain the biodiversity of a particular geographical region.
Focusing on wetlands in the Decade of Freshwater 2005-2015
Tuesday, April 19, 2011
Beyond Ramsar Convention....
Wetlands are the lifeline of a nation. They are natural reservoirs, taking up the role as coastal bio-shields and act as a flood control measure. India cannot be indifferent to the ecological, economic and human linkages of ecosystems and their interdependence. Freshwater scarcity has raised the consciousness to the need for an overarching legislation that helps protect our river basins, floodplains, lakes or aquifers, mangroves, swamps, marshes, coral reefs and peatlands. In the absence of statutory backing, wetlands continue to be degraded through indiscriminate acts of land conversion. The complexity in enacting a suitable law to protect natural resources reflects a nation’s attitude towards water conservation and security leading to sustainability of ecosystems.
The legal framework, inter alia, has to sustain the livelihoods of local communities which depend on wetland farming of produce like fish, bamboo, kelp, thatch fuel wood, medicines and building poles. Wetlands, although classified as freshwater wetlands, saltwater wetlands and coastal wetlands, need to be treated as one form of ecosystem requiring a common legal regime that links all of them. The legal framework should address several issues ailing maintenance of wetland form of ecosystem. These issues include conservation of water, habitat conservation and restoration, prevention of habitat degradation and fair and equitable distribution of wetland produce to promote sustainable development.
Wetlands play a crucial role in maintaining groundwater supply. We are failing to ensure water security for our nation by merely working at protecting forests that play a major role in the hydrological cycle and allowing our wetlands to slowly disappear. Wetlands render a wide range of ecosystem services in agriculture, sanitation, fishing,aquaculture and providing habitats to migratory species, thus gaining international importance and trans-boundary significance as a crucial ecosystem. This ecosystem protects the flora and fauna of a particular region supporting a wide range of biological diversity. The introduction of substantive law to help determine the rights and obligations of those who depend on these resources can help the community in protecting these fragile ecosystems.
Wetlands protection in India is governed by multiple provisions from a series of statutes and is not cohesive enough to make governance an easy task. Overlapping provisions and multiple jurisdictions where no single entity is entrusted with the responsibility of protecting ecosystems can lead to a situation that is chaotic and unyielding. The Wetlands (Conservation and Management) Rules, 2010, passed under the Environment (Protection) Act, 1986, restricts certain activities within protected wetlands and limits its purview to those wetlands listed under the Ramsar Convention.
India is a signatory to most of the Conventions on Biodiversity including Bonn Convention or the Convention on Migratory Species. Bonn Convention calls for a concerted action on the part of all countries to work towards conservation of migratory and endangered species through the entire range. Every country that is signatory to the Bonn Convention is expected to contribute to the restoration and conservation of habitats for migratory species that migrate from one territorial jurisdiction to another. In effect, wetland protection is incomplete without a special legislation that aims to protect endangered and migratory species, prevents habitat degradation by curtailing illegal hunting and takings, provides means to mitigate by-catch.
It is time we looked beyond Ramsar Convention, a convention on wetlands that promotes ‘wise use’ of trans-boundary wetlands and creates a list of those wetlands that have gained international importance. Montreux Record, a part of Ramsar List, is a register which lists those wetlands “where changes in ecological character have occurred, are occurring, or are likely to occur as a result of technological developments, pollution or other human interference.” On restoration, these listed wetlands are removed from the list and placed under the original Ramsar list. Some of our protected wetlands are yet to be removed from the Montreux Record, denoting the lack of accountability and absence of relevant efforts. The fact that we may have not even identified some of the wetlands that are valuable enough only reiterates the need to draw appropriate guidelines for the process. We also need to regulate artificial wetlands like irrigation tanks and temple tanks that help in groundwater recharge and save them from neglect and disuse.
The fact that wetland protection requires an integrated and holistic approach is a given, since wetlands exist as an interface between water and land resource and wetland management that should include watershed areas, catchment areas and navigable waters adjacent to wetlands.
John Powell Wesley defines watershed as
"that area of land, a bounded hydrologic system, within which all living things are inextricably linked by their common water course and where, as humans settled, simple logic demanded that they become part of a community.”
If the requirement for an overarching legislation is fulfilled, we could manage the water and land resources more effectively by regulating activities such as drainage and reclamation thereby protecting our rich heritage of biodiversity. Drainage of wetlands results in the loss of nutrients that are required to support some of the flora and fauna of wetlands while unregulated reclamation of wetlands leads to complete loss of water resources. A comprehensive legislation could be the lodestar to wetlands management, that which can protect, restore and enhance wetlands and ensure that the overall net loss of wetlands remains minimal.
A conceptual framework for wetlands and other natural resources on the procedural edifice of the public trust doctrine promotes the concept of ‘wise use’ as contemplated by the Ramsar Convention. The doctrine holds that the public has rights in public lands, waters and living resources and that the state has an obligation to preserve the resources for the benefit of its citizens. As a consequence, these public rights may not be sold, transferred or alienated, and in any such conveyance the protected public uses must be preserved for the present and future generations. The public trust doctrine helps manage shared assets of natural resources that transcend geographical and political boundaries and establish correlative rights. The doctrine furthers the concept of co-tenancy rights over the shared asset and imposes a duty upon the user not to waste resources to the detriment of the other beneficiaries.
By extending the public trust doctrine to wetlands protection, activities like drainage, dredging and filling, reclamation of wetlands could be regulated through a permit issuing program where the permit holder becomes the beneficiary. Commercial and recreational activities such as boating, fishing and navigation and other forms of ecotourism within wetlands can be regulated within the ambit of statutory law in order to help local communities use wetlands sustainably encouraging positive human impact on the ecosystem. Under this doctrine the state has a right to compel restoration of lost habitats and natural resources by suing those who have acted against the interest of the local communities that are dependent on the ecosystem for their livelihood.
The Convention on Biological Diversity (CBD) promotes the ‘ecosystem approach’ to regulate wetlands. Regulating wetland management through this approach helps meet the objectives of conservation, sustainable use and equitable distribution of benefits arising out of the utilization of genetic resources. An ecosystem approach, as defined by the Ramsar Convention, is based on the
“application of appropriate scientific methodologies focused on levels of biological organization, which encompass the essential structure, processes, functions and interactions among organisms and their environment. It recognizes the value of human impact on our ecosystems and customary practices in preserving our natural resources.”
Any legislation introduced to serve wetland protection would be incomplete if it fails to visualize the development of environmental management plans (EMPs) for watershed and catchment areas. These EMPs involve mitigation measures for habitat degradation, monitoring systems for ecological and economic aspects of the ecosystem, inventorization of wetlands by maintaining a national register and other institutional measures to eliminate adverse environmental impacts on wetlands. Ultimately, the essence of an EMPs rests in the dictum that preparation of an Environmental impact statement (EIS) be made mandatory. It is also important that the legislation promotes the use of best management practices which protect the hydrological cycle of water, control storm water and fertilizer runoff, construction of detention basins and wet ponds, control of surface and sub-surface or groundwater flow and wildlife habitat protection.
The legal framework, inter alia, has to sustain the livelihoods of local communities which depend on wetland farming of produce like fish, bamboo, kelp, thatch fuel wood, medicines and building poles. Wetlands, although classified as freshwater wetlands, saltwater wetlands and coastal wetlands, need to be treated as one form of ecosystem requiring a common legal regime that links all of them. The legal framework should address several issues ailing maintenance of wetland form of ecosystem. These issues include conservation of water, habitat conservation and restoration, prevention of habitat degradation and fair and equitable distribution of wetland produce to promote sustainable development.
Wetlands play a crucial role in maintaining groundwater supply. We are failing to ensure water security for our nation by merely working at protecting forests that play a major role in the hydrological cycle and allowing our wetlands to slowly disappear. Wetlands render a wide range of ecosystem services in agriculture, sanitation, fishing,aquaculture and providing habitats to migratory species, thus gaining international importance and trans-boundary significance as a crucial ecosystem. This ecosystem protects the flora and fauna of a particular region supporting a wide range of biological diversity. The introduction of substantive law to help determine the rights and obligations of those who depend on these resources can help the community in protecting these fragile ecosystems.
Wetlands protection in India is governed by multiple provisions from a series of statutes and is not cohesive enough to make governance an easy task. Overlapping provisions and multiple jurisdictions where no single entity is entrusted with the responsibility of protecting ecosystems can lead to a situation that is chaotic and unyielding. The Wetlands (Conservation and Management) Rules, 2010, passed under the Environment (Protection) Act, 1986, restricts certain activities within protected wetlands and limits its purview to those wetlands listed under the Ramsar Convention.
India is a signatory to most of the Conventions on Biodiversity including Bonn Convention or the Convention on Migratory Species. Bonn Convention calls for a concerted action on the part of all countries to work towards conservation of migratory and endangered species through the entire range. Every country that is signatory to the Bonn Convention is expected to contribute to the restoration and conservation of habitats for migratory species that migrate from one territorial jurisdiction to another. In effect, wetland protection is incomplete without a special legislation that aims to protect endangered and migratory species, prevents habitat degradation by curtailing illegal hunting and takings, provides means to mitigate by-catch.
It is time we looked beyond Ramsar Convention, a convention on wetlands that promotes ‘wise use’ of trans-boundary wetlands and creates a list of those wetlands that have gained international importance. Montreux Record, a part of Ramsar List, is a register which lists those wetlands “where changes in ecological character have occurred, are occurring, or are likely to occur as a result of technological developments, pollution or other human interference.” On restoration, these listed wetlands are removed from the list and placed under the original Ramsar list. Some of our protected wetlands are yet to be removed from the Montreux Record, denoting the lack of accountability and absence of relevant efforts. The fact that we may have not even identified some of the wetlands that are valuable enough only reiterates the need to draw appropriate guidelines for the process. We also need to regulate artificial wetlands like irrigation tanks and temple tanks that help in groundwater recharge and save them from neglect and disuse.
The fact that wetland protection requires an integrated and holistic approach is a given, since wetlands exist as an interface between water and land resource and wetland management that should include watershed areas, catchment areas and navigable waters adjacent to wetlands.
John Powell Wesley defines watershed as
"that area of land, a bounded hydrologic system, within which all living things are inextricably linked by their common water course and where, as humans settled, simple logic demanded that they become part of a community.”
If the requirement for an overarching legislation is fulfilled, we could manage the water and land resources more effectively by regulating activities such as drainage and reclamation thereby protecting our rich heritage of biodiversity. Drainage of wetlands results in the loss of nutrients that are required to support some of the flora and fauna of wetlands while unregulated reclamation of wetlands leads to complete loss of water resources. A comprehensive legislation could be the lodestar to wetlands management, that which can protect, restore and enhance wetlands and ensure that the overall net loss of wetlands remains minimal.
A conceptual framework for wetlands and other natural resources on the procedural edifice of the public trust doctrine promotes the concept of ‘wise use’ as contemplated by the Ramsar Convention. The doctrine holds that the public has rights in public lands, waters and living resources and that the state has an obligation to preserve the resources for the benefit of its citizens. As a consequence, these public rights may not be sold, transferred or alienated, and in any such conveyance the protected public uses must be preserved for the present and future generations. The public trust doctrine helps manage shared assets of natural resources that transcend geographical and political boundaries and establish correlative rights. The doctrine furthers the concept of co-tenancy rights over the shared asset and imposes a duty upon the user not to waste resources to the detriment of the other beneficiaries.
By extending the public trust doctrine to wetlands protection, activities like drainage, dredging and filling, reclamation of wetlands could be regulated through a permit issuing program where the permit holder becomes the beneficiary. Commercial and recreational activities such as boating, fishing and navigation and other forms of ecotourism within wetlands can be regulated within the ambit of statutory law in order to help local communities use wetlands sustainably encouraging positive human impact on the ecosystem. Under this doctrine the state has a right to compel restoration of lost habitats and natural resources by suing those who have acted against the interest of the local communities that are dependent on the ecosystem for their livelihood.
The Convention on Biological Diversity (CBD) promotes the ‘ecosystem approach’ to regulate wetlands. Regulating wetland management through this approach helps meet the objectives of conservation, sustainable use and equitable distribution of benefits arising out of the utilization of genetic resources. An ecosystem approach, as defined by the Ramsar Convention, is based on the
“application of appropriate scientific methodologies focused on levels of biological organization, which encompass the essential structure, processes, functions and interactions among organisms and their environment. It recognizes the value of human impact on our ecosystems and customary practices in preserving our natural resources.”
Any legislation introduced to serve wetland protection would be incomplete if it fails to visualize the development of environmental management plans (EMPs) for watershed and catchment areas. These EMPs involve mitigation measures for habitat degradation, monitoring systems for ecological and economic aspects of the ecosystem, inventorization of wetlands by maintaining a national register and other institutional measures to eliminate adverse environmental impacts on wetlands. Ultimately, the essence of an EMPs rests in the dictum that preparation of an Environmental impact statement (EIS) be made mandatory. It is also important that the legislation promotes the use of best management practices which protect the hydrological cycle of water, control storm water and fertilizer runoff, construction of detention basins and wet ponds, control of surface and sub-surface or groundwater flow and wildlife habitat protection.
Monday, March 14, 2011
Thoughts and prayers with the Japanese....
The world hopes that the recent radiation leak in Japan is contained and further nuclear damage averted. Having termed nuclear power, a green alternative, it is traumatizing to watch the events unfold at Japan’s nuclear power plants. The present plight of the Japanese nuclear installation is a direct consequence of the tsunami and not merely a fall-out of the earthquake. The Japanese crisis calls for more work and understanding on siting nuclear plants in the light of the discussions over Jaitapur in India.
Despite this emergency, it seems a little premature to lose faith in science and a technology that is as advanced as nuclear technology. It is time to place our trust in the competence of our scientists and repose confidence in them. Environmental activists believe coal and hydroelectric power displace and dislodge many without any accountability to their lives or livelihood. In such situations we find it suitable to connive and ignore the passive dangers that lurk behind coal mining and dam construction.
Inherent fears surrounding Japan’s present nuclear disaster should push for an agenda that gears for better standards in nuclear safety and stringent enforcement of the rules set for siting nuclear plants. Nuclear power was not written off subsequent to Chernobyl or the Three Mile Island incidents and we see no reason why its efficacy should be debated at this point in time.
The present moment needs transparency from the Japanese authorities who are working on resolving the nuclear crisis. It is only appropriate that they pass on absolute and honest information to help evolve better measures to prevent such disasters in the future.
Despite this emergency, it seems a little premature to lose faith in science and a technology that is as advanced as nuclear technology. It is time to place our trust in the competence of our scientists and repose confidence in them. Environmental activists believe coal and hydroelectric power displace and dislodge many without any accountability to their lives or livelihood. In such situations we find it suitable to connive and ignore the passive dangers that lurk behind coal mining and dam construction.
Inherent fears surrounding Japan’s present nuclear disaster should push for an agenda that gears for better standards in nuclear safety and stringent enforcement of the rules set for siting nuclear plants. Nuclear power was not written off subsequent to Chernobyl or the Three Mile Island incidents and we see no reason why its efficacy should be debated at this point in time.
The present moment needs transparency from the Japanese authorities who are working on resolving the nuclear crisis. It is only appropriate that they pass on absolute and honest information to help evolve better measures to prevent such disasters in the future.
Wednesday, March 9, 2011
Nuclear power as a green alternative..
EPR (European Pressurized-Water Reactor has gained acceptance for safety and sustainability.
AREVA, the French company selling nuclear technology has admitted to facing cost overruns and construction delays in some of its projects but claims that EPR is the safest technology developed till date. The Union of Concerned Scientists, a science based non-profit organization, recommends EPR as a safe nuclear technology.
Nuclear power subsidies and policy recommendations.
Thorium, expected to reduce nuclear waste and The use of thorium as nuclear fuel in EPR technology is investigated by the World Nuclear Association since it is expected to reduce nuclear waste and make the fuel cycle of nuclear energy more safe. India, convinced that its power generation capacity could be increased by combining EPR technology and the use of thorium as a nuclear fuel, remains a major sponsor for thorium related research.
AREVA, the French company selling nuclear technology has admitted to facing cost overruns and construction delays in some of its projects but claims that EPR is the safest technology developed till date. The Union of Concerned Scientists, a science based non-profit organization, recommends EPR as a safe nuclear technology.
Nuclear power subsidies and policy recommendations.
Thorium, expected to reduce nuclear waste and The use of thorium as nuclear fuel in EPR technology is investigated by the World Nuclear Association since it is expected to reduce nuclear waste and make the fuel cycle of nuclear energy more safe. India, convinced that its power generation capacity could be increased by combining EPR technology and the use of thorium as a nuclear fuel, remains a major sponsor for thorium related research.
Saturday, March 5, 2011
Monday, February 28, 2011
A journey that starts at Greenland...
Greenland's glaciers double in speed
The contribution of Greenland to global sea level change and the mapping of previously unknown basins and mountains beneath the Antarctic Ice Sheet is highlighted in a new film released by Cambridge University.
Black Carbon and its contribution to global warming
The contribution of Greenland to global sea level change and the mapping of previously unknown basins and mountains beneath the Antarctic Ice Sheet is highlighted in a new film released by Cambridge University.
Black Carbon and its contribution to global warming
Friday, February 25, 2011
Coal mining is serious business....
Coal mining policies should encourage privatization and prohibit mining in areas that have historic, scientific, wildlife, geological and/or agricultural value, restricting them in places that are ecologically fragile like watershed areas and dense forests and regions that are either reserved or inhabited by tribals. Mining policies should maximize energy conservation; aim at restoring lands affected by mining and maintain ecological balances by improving air and water quality. India needs to strengthen its existing policies on coal mining and implement such policies through effective and comprehensive program of legislation combined with adequate regulatory and taxation norms, energy conservation programs and steps to protect the health and safety of mine workers. Stringent enforcement of such legislation has to commence at the point of issuing mining permits when the mining operator gets drawn into a regulated framework of legal machinery that demands accountability and imposes huge responsibility in maintaining ecosystems.
An operator of a coal mine should draw out a mine management plan that offers funding for re-vegetation and reclamation of mined areas to help restore mined land to a state of biological productivity which is deemed better than the one that existed earlier. The mine management plan should discuss in detail the pollution control methods, restoration techniques, reclamation technologies, mode of treatment of mine drainage, mine sealing, handling of slurry mixtures and prevention of pollution discharge into ground water sources and aquifers. The operator, who shall be responsible for transportation or storage of the mined coal, shall also be held responsible for abatement of any kind of pollution. It is important that the regulations prescribe stringent effluent standards for all parameters of pollution, performance standards for restoration of land affected by surface and underground mining and replenishment of depleted water supply. It could be work half-done if the legislation does not regulate coal refuse disposal which degrades landscape and increases the incidents of fire hazards endangering the lives of miners. The burden of proof for compliance of all rules and regulation must rest with the mine operator.
The underground and surface mining methods result in disturbance of surface areas reducing the utility value of the land. Surface mining, invariably, causes immense damage to the land and mining operators are expected to restore the land to the same physical contour and productivity that existed prior to mining. With the availability of better technology for surface mining, entities taking up coal mining have to necessarily declare the nature of reclamation technology to be adopted at the time of applying for a permit and also provide substantial resources in the form of performance bonds to reclaim abandoned mining areas as is done in other countries. Underground mining in forest areas endangers the lives of mine workers and therefore it is important that safety standards are set and regulated through legislation for better management of the industry.
As India works towards energy security, coal mining in forest areas seems inevitable, and it only seems prudent to restrict coal mining in dense forest areas. If the so called ‘no-go’ forest areas are diverted for coal mining, we could be as well be legitimizing the degradation of natural resources with no recourse to reclamation and restoration of mined areas. Coal mining in dense forest areas is enabled only through underground mining methods which not only poses as a safety hazard to all mine workers but can also cause land subsidence. Subsidence of land that occurs after coal removal remains a significant problem requiring constant monitoring, reporting standards and effective management to prevent damage to buildings or structures in and around mining areas.
Mine Subsidence Repairs and the Abandoned Mine land program.
The Forest Conservation Act merely deals with exploitation and conservation of forests primarily from the point of clearing forests for agricultural activities and other allied activities may not serve the purpose of regulating coal mining in the strictest sense. The Mines and Minerals (Regulation and Development) Act, 1957, lacks teeth to regulate an hazardous activity like coal mining which could leave deep scars on the landscape of our country and undermine our wealth of natural resources. Coal mining has to be heavily regulated at the stage of issuing permits as a safety measure and to mitigate environmental impacts that the industry can have on our natural resources. The National Forest Policy expects beneficiaries, who are allowed to mine and quarry in forest land and land covered by trees, to repair and re-vegetate mined areas along established forestry practices. The policy further states that no mining lease be granted to any party, private or public, without a proper mine management plan appraised from the environmental angle and enforced by adequate machinery, although such a machinery seems clearly absent in the present scenario. There is no denying that the present regulatory framework is inadequate to regulate the serious business of coal mining. With increasing need to divert more forest areas for coal mining purposes there arises an inherent need to translate the National Forest Policy into a comprehensive legislation which not only regulates coal mining but ensures restoration of degraded land, replenishment of depleted ground water sources and reclamation of abandoned coal mines.
Coal mining permits issued under the Mines and Minerals (Regulation and Development) 1957 do not place any conditions with regard to investments in alternative energy or protection of the environment. Presently, there are no guidelines or regulations to reclaim abandoned mine lands while the existing ones on forest conservation fail to compensate for the ills of coal mining. The Compensatory Afforestation Bill, 2008 lacks the necessary provisions to deal with coal mining and the same is pending in the Lok Sabha.
Professor Kanchan Chopra Committee on Net Present Value (NPV), in the year 2006, presented certain recommendations to the Supreme Court that are fairly clear in their approach to coal mining. Environmental justice demands that these recommendations and the Supreme Court guidelines which emanated out of the committee's report do find a way into our legal and regulatory framework. A specific legislation can reduce the number of interim applications and other miscellaneous petitions filed before the Apex Court by those who wish to make a policy work in favour of environment protection, specially in the absence of a regulatory and legal framework. The numerous applications and petitions force the highest court of the land to play the role of an enforcing authority.
State regulatory bodies may be competent to grant permits, inspect mining sites and oversee the reclamation of mined areas and therefore a statute that grants those powers to the state to undertake all these responsibilities and ensure enforcement of all regulations could go a long way in saving our land. The provisions of the statute must help reduce the socio-economic costs of coal mining and mitigate the degradation of environmental quality of surrounding areas and protect our resources. The regulations need to ensure commencement of reclamation activities soon after mining activities have ceased. Reclamation activities taken up in mined areas have not only been able to restore the ecological balance of mined areas but have also enhanced our wealth of natural resources.
The Surface Mining Control and Reclamation Act of 1977 (SMCRA) of the United States, is a comprehensive statute on surface mining control. Under SMCRA, all operators of coal mines are expected to submit a reclamation program at the time of making an application for mining and obtain necessary approvals. The statute deems that “every operator of coal mining shall pay a reclamation fee of 31.5 cents per ton of coal produced by surface mining and 13.5 cents per ton of coal produced by underground mining or 10 per centum of the value of the coal at the mine, whichever is less, except that the reclamation fee for lignite coal shall be at a rate of 2 per centum of the value of the coal at the mine or 9 cents per ton whichever is less.” The act further levies penalty and demands regular audits on the coal produced and the fees paid toward such mining and prescribe civil action to recover any dues under the act. There is so much to gain from following the tenets of the SMCRA in creation of reclamation funds and encouraging participation of indigenous people in the reclamation and restoration process.
It is unclear as to how the clean energy fund created out of a cess on coal could promote the capital intensive industry of renewable energy. It seems a better option to expect coal mining operators to divert a portion of their investment into alternative energy projects and make corporate social responsibility a reality.
Funds for reclamation, created with the help of government grants and the fees paid by the coal mining operators, be disbursed to tribals within whose jurisdiction coal mining activities have been taken up leading to their displacement and loss of livelihood. The reclamation projects, ultimately, can be offered to the displaced tribals themselves with an intent to provide them with a vocation to reclaim and rejuvenate abandoned mines. This form of environmental insurance reassures displaced villagers and tribals and makes it easier to seek their cooperation in any future mining activities.
Environmental insurance (EI) as a financial tool, ensures environmental safety in all industrial operations and under a statute drawn on similar lines as that of SMCRA, can help integrate the risk management tool of EI into the legal and regulatory framework to help achieve environmental security. Several countries like Argentina mandate adoption of environmental insurance by businesses that are considered ‘high environmental risks’ and any renewal of licenses or permits is tied to adoption of EI. SMCRA in a way promotes financial assurance or financial responsibility on the part of potential polluters who are expected to demonstrate sufficient financial resources to take up cleanup and reclamation of abandoned coal mines.
An operator of a coal mine should draw out a mine management plan that offers funding for re-vegetation and reclamation of mined areas to help restore mined land to a state of biological productivity which is deemed better than the one that existed earlier. The mine management plan should discuss in detail the pollution control methods, restoration techniques, reclamation technologies, mode of treatment of mine drainage, mine sealing, handling of slurry mixtures and prevention of pollution discharge into ground water sources and aquifers. The operator, who shall be responsible for transportation or storage of the mined coal, shall also be held responsible for abatement of any kind of pollution. It is important that the regulations prescribe stringent effluent standards for all parameters of pollution, performance standards for restoration of land affected by surface and underground mining and replenishment of depleted water supply. It could be work half-done if the legislation does not regulate coal refuse disposal which degrades landscape and increases the incidents of fire hazards endangering the lives of miners. The burden of proof for compliance of all rules and regulation must rest with the mine operator.
The underground and surface mining methods result in disturbance of surface areas reducing the utility value of the land. Surface mining, invariably, causes immense damage to the land and mining operators are expected to restore the land to the same physical contour and productivity that existed prior to mining. With the availability of better technology for surface mining, entities taking up coal mining have to necessarily declare the nature of reclamation technology to be adopted at the time of applying for a permit and also provide substantial resources in the form of performance bonds to reclaim abandoned mining areas as is done in other countries. Underground mining in forest areas endangers the lives of mine workers and therefore it is important that safety standards are set and regulated through legislation for better management of the industry.
As India works towards energy security, coal mining in forest areas seems inevitable, and it only seems prudent to restrict coal mining in dense forest areas. If the so called ‘no-go’ forest areas are diverted for coal mining, we could be as well be legitimizing the degradation of natural resources with no recourse to reclamation and restoration of mined areas. Coal mining in dense forest areas is enabled only through underground mining methods which not only poses as a safety hazard to all mine workers but can also cause land subsidence. Subsidence of land that occurs after coal removal remains a significant problem requiring constant monitoring, reporting standards and effective management to prevent damage to buildings or structures in and around mining areas.
Mine Subsidence Repairs and the Abandoned Mine land program.
The Forest Conservation Act merely deals with exploitation and conservation of forests primarily from the point of clearing forests for agricultural activities and other allied activities may not serve the purpose of regulating coal mining in the strictest sense. The Mines and Minerals (Regulation and Development) Act, 1957, lacks teeth to regulate an hazardous activity like coal mining which could leave deep scars on the landscape of our country and undermine our wealth of natural resources. Coal mining has to be heavily regulated at the stage of issuing permits as a safety measure and to mitigate environmental impacts that the industry can have on our natural resources. The National Forest Policy expects beneficiaries, who are allowed to mine and quarry in forest land and land covered by trees, to repair and re-vegetate mined areas along established forestry practices. The policy further states that no mining lease be granted to any party, private or public, without a proper mine management plan appraised from the environmental angle and enforced by adequate machinery, although such a machinery seems clearly absent in the present scenario. There is no denying that the present regulatory framework is inadequate to regulate the serious business of coal mining. With increasing need to divert more forest areas for coal mining purposes there arises an inherent need to translate the National Forest Policy into a comprehensive legislation which not only regulates coal mining but ensures restoration of degraded land, replenishment of depleted ground water sources and reclamation of abandoned coal mines.
Coal mining permits issued under the Mines and Minerals (Regulation and Development) 1957 do not place any conditions with regard to investments in alternative energy or protection of the environment. Presently, there are no guidelines or regulations to reclaim abandoned mine lands while the existing ones on forest conservation fail to compensate for the ills of coal mining. The Compensatory Afforestation Bill, 2008 lacks the necessary provisions to deal with coal mining and the same is pending in the Lok Sabha.
Professor Kanchan Chopra Committee on Net Present Value (NPV), in the year 2006, presented certain recommendations to the Supreme Court that are fairly clear in their approach to coal mining. Environmental justice demands that these recommendations and the Supreme Court guidelines which emanated out of the committee's report do find a way into our legal and regulatory framework. A specific legislation can reduce the number of interim applications and other miscellaneous petitions filed before the Apex Court by those who wish to make a policy work in favour of environment protection, specially in the absence of a regulatory and legal framework. The numerous applications and petitions force the highest court of the land to play the role of an enforcing authority.
State regulatory bodies may be competent to grant permits, inspect mining sites and oversee the reclamation of mined areas and therefore a statute that grants those powers to the state to undertake all these responsibilities and ensure enforcement of all regulations could go a long way in saving our land. The provisions of the statute must help reduce the socio-economic costs of coal mining and mitigate the degradation of environmental quality of surrounding areas and protect our resources. The regulations need to ensure commencement of reclamation activities soon after mining activities have ceased. Reclamation activities taken up in mined areas have not only been able to restore the ecological balance of mined areas but have also enhanced our wealth of natural resources.
The Surface Mining Control and Reclamation Act of 1977 (SMCRA) of the United States, is a comprehensive statute on surface mining control. Under SMCRA, all operators of coal mines are expected to submit a reclamation program at the time of making an application for mining and obtain necessary approvals. The statute deems that “every operator of coal mining shall pay a reclamation fee of 31.5 cents per ton of coal produced by surface mining and 13.5 cents per ton of coal produced by underground mining or 10 per centum of the value of the coal at the mine, whichever is less, except that the reclamation fee for lignite coal shall be at a rate of 2 per centum of the value of the coal at the mine or 9 cents per ton whichever is less.” The act further levies penalty and demands regular audits on the coal produced and the fees paid toward such mining and prescribe civil action to recover any dues under the act. There is so much to gain from following the tenets of the SMCRA in creation of reclamation funds and encouraging participation of indigenous people in the reclamation and restoration process.
It is unclear as to how the clean energy fund created out of a cess on coal could promote the capital intensive industry of renewable energy. It seems a better option to expect coal mining operators to divert a portion of their investment into alternative energy projects and make corporate social responsibility a reality.
Funds for reclamation, created with the help of government grants and the fees paid by the coal mining operators, be disbursed to tribals within whose jurisdiction coal mining activities have been taken up leading to their displacement and loss of livelihood. The reclamation projects, ultimately, can be offered to the displaced tribals themselves with an intent to provide them with a vocation to reclaim and rejuvenate abandoned mines. This form of environmental insurance reassures displaced villagers and tribals and makes it easier to seek their cooperation in any future mining activities.
Environmental insurance (EI) as a financial tool, ensures environmental safety in all industrial operations and under a statute drawn on similar lines as that of SMCRA, can help integrate the risk management tool of EI into the legal and regulatory framework to help achieve environmental security. Several countries like Argentina mandate adoption of environmental insurance by businesses that are considered ‘high environmental risks’ and any renewal of licenses or permits is tied to adoption of EI. SMCRA in a way promotes financial assurance or financial responsibility on the part of potential polluters who are expected to demonstrate sufficient financial resources to take up cleanup and reclamation of abandoned coal mines.
Saturday, February 12, 2011
Environmental justice as distributive justice....
Water, as a scarce and precious resource remains inaccessible to the poor in developing countries where groundwater management is completely neglected. The cost of groundwater is undervalued and exploited by the user who has no compulsion to restore or replenish water sources for future generations.
World-wide governments have implemented different forms of economic instruments that help to innovate and improve the quality of water. Regulatory instruments like the ‘command and control’ options have proved inefficient in attaining water pollution control objectives and conserving water resources. It is not clear as to what extent the collection of water cess has been effective in meeting those objectives. Textile industries, for example, use up water resources indiscriminately with no statutory demand to pay appropriate cost for the water so consumed. The textile dyeing units, have been making economic gains by functioning without appropriate effluent treatment systems, acting in total disregard to the High Court's direction.
Water-intensive industries pay a meagre amount as water cess without having to bear either the ‘opportunity costs’ for using up this scarce resource or the ‘external costs’for groundwater depletion and surface water contamination. Presently, water tariffs in India do not account for economic losses incurred due to depletion of water resources and fail to cover the costs of infrastructure required to deliver clean water and the costs of water conservation. It is time to revisit and re-evaluate water pricing policies that end up encouraging excessive use of surface water and depletion of groundwater levels.
Economic instruments make pollution control viable to businesses as they lower pollution abatement costs and yet provide no scope for business leaders to exercise the same negotiating power they wield over the design and implementation of command and control regulatory tools. Economic instruments tend to deter water pollution more than merely generating revenue. Among the economic instruments devised for control of water pollution, a levy on pollution, similar to carbon tax, might force businesses to pay for the use of natural resources and promote concepts of recycle, reuse and conservation.
World Bank describes four types of pollution charges that may be used to control water pollution and they include ‘effluent charges’ levied on the quantity and/or quality of the discharged pollutants, ‘user charges’ paid for the use of collective treatment facilities, ‘product charges’ levied on harmful products that go in as raw materials to the production processes and finally, ‘administrative charges’ like water cess that help install long-term water treatment and delivery systems. The inclusion of surcharge on potentially harmful products that are inputs to a production process could effectively make businesses look for environment friendly alternatives. The surcharge on pollution caused by certain raw materials may be refunded at the point of their return for disposal and recycling. India can do well with a combination of regulatory tools and economic instruments that aid in promoting pollution abatement techniques even as they generate substantial revenue.
Water pricing policies need to induce water-intensive industries to locate their units in places where the discharge of untreated water into rivers and water bodies is avoided, operational costs are considerably reduced and payments for restoration and replenishment of depleted natural resources are mandatory. These charges need to be substantial enough to create environment funds that might eventually help restore natural resources for posterity. Finally, governments need to strengthen their institutional capacity to monitor and enforce regulations effectively as a welfare measure.
World-wide governments have implemented different forms of economic instruments that help to innovate and improve the quality of water. Regulatory instruments like the ‘command and control’ options have proved inefficient in attaining water pollution control objectives and conserving water resources. It is not clear as to what extent the collection of water cess has been effective in meeting those objectives. Textile industries, for example, use up water resources indiscriminately with no statutory demand to pay appropriate cost for the water so consumed. The textile dyeing units, have been making economic gains by functioning without appropriate effluent treatment systems, acting in total disregard to the High Court's direction.
Water-intensive industries pay a meagre amount as water cess without having to bear either the ‘opportunity costs’ for using up this scarce resource or the ‘external costs’for groundwater depletion and surface water contamination. Presently, water tariffs in India do not account for economic losses incurred due to depletion of water resources and fail to cover the costs of infrastructure required to deliver clean water and the costs of water conservation. It is time to revisit and re-evaluate water pricing policies that end up encouraging excessive use of surface water and depletion of groundwater levels.
Economic instruments make pollution control viable to businesses as they lower pollution abatement costs and yet provide no scope for business leaders to exercise the same negotiating power they wield over the design and implementation of command and control regulatory tools. Economic instruments tend to deter water pollution more than merely generating revenue. Among the economic instruments devised for control of water pollution, a levy on pollution, similar to carbon tax, might force businesses to pay for the use of natural resources and promote concepts of recycle, reuse and conservation.
World Bank describes four types of pollution charges that may be used to control water pollution and they include ‘effluent charges’ levied on the quantity and/or quality of the discharged pollutants, ‘user charges’ paid for the use of collective treatment facilities, ‘product charges’ levied on harmful products that go in as raw materials to the production processes and finally, ‘administrative charges’ like water cess that help install long-term water treatment and delivery systems. The inclusion of surcharge on potentially harmful products that are inputs to a production process could effectively make businesses look for environment friendly alternatives. The surcharge on pollution caused by certain raw materials may be refunded at the point of their return for disposal and recycling. India can do well with a combination of regulatory tools and economic instruments that aid in promoting pollution abatement techniques even as they generate substantial revenue.
Water pricing policies need to induce water-intensive industries to locate their units in places where the discharge of untreated water into rivers and water bodies is avoided, operational costs are considerably reduced and payments for restoration and replenishment of depleted natural resources are mandatory. These charges need to be substantial enough to create environment funds that might eventually help restore natural resources for posterity. Finally, governments need to strengthen their institutional capacity to monitor and enforce regulations effectively as a welfare measure.
Thursday, February 10, 2011
Wednesday, February 2, 2011
Legislation that propels legitimate policy making....
Environmental law as an organized legal system is expected to minimize, deter, penalize or mitigate the consequences of actions or inactions, of individuals and governments, that impact the environment, public health and safety. The environmental degradation witnessed in the present day can only be attributed to governments’ failure to address the need for stringent enforcement of existing laws and the inability to create awareness among its citizens. Industries and individuals have a social obligation to protect the environment, prevent environmental degradation and preserve the natural resources and it is time such an obligation remains etched in statutory law that enforces compliance obligations and attracts sanctions for non-compliance.
Organisation for Economic Cooperation and Development (OECD) defines Environmental Impact Assessment (EIA) as “an analytical process that systematically examines the possible environmental consequences of the implementation of projects, programmes and policies”. The analysis of such consequences help a nation to plan and develop policies to meet its agenda for environment protection. The regulatory framework for an EIA requirement in its present form does not impose a duty on citizens to conduct a fair and true assessment of all their activities which have a significant impact on the environment and the society at large. It is essential that preparation of an EIA report prepared to obtain environmental clearance for every major activity be rendered mandatory through the workings of a statute.
The Environment Protection Act, 1986 (EPA), founded on Article 21 of the Constitution of India guarantees the right to enjoy pollution-free water and air. The state takes on the responsibility to preserve and protect the environment for and on behalf of its citizens, yet, does not attempt to enforce the constitutional commitment imposed on every citizen of the nation to maintain ecological balance. Article 51A (g) imposes a fundamental duty upon citizens “to protect and improve the natural environment including forests, lakes, rivers and wild life, and have compassion for living creatures“. The provision implies that citizens including the governments and other private parties weigh the environmental impact of all proposed activities and take adequate steps to mitigate such impact.
The onus rests upon citizens to assume responsibility for actions which affect the environment and discharge their citizenship duties accordingly. The fundamental duty to protect the environment has far-reaching beneficial effects on the well being of a society and the nation and is not the same as forcing a citizen to sing the national anthem or develop a scientific temper. In its order upholding Justice Verma‘s recommendations on imposing fundamental duties on citizens, the Supreme Court stated that "It may be necessary to enact suitable legislation wherever necessary to require obedience of obligations by the citizens". The apex court has opined that governments should not hesitate to enact suitable legislation to enforce the fundamental duties upon citizens when it is expedient to do so.
There appears an obtrusive lacuna related to environmental impact assessment as envisaged in the present set of laws and a legislation that enforces mandatory environmental assessment of all developmental activities to propel diligent policy making. Statute law expresses the will of the nation and by establishing a specific law to meet the requirements of an EIA report, protection of nation's natural resources becomes the collective responsibility of all concerned and shall no longer be a exclusive burden on the state or that of the Courts. With the aid of action-forcing provisions, the statute in the lines of National Environmental Policy Act (NEPA) of USA could consolidate the EIA process in our nation and help develop, evolve policies which address the need to preserve environment as intergenerational equity.
Statutory provisions could force project proponents to take responsibility for every action or inaction encasing environmental protection by prescribing mandatory procedures for reporting and monitoring on pollution levels rendering them accountable for any environmental fall-out of a project. It could compel dissemination of adequate information to the public on infrastructure projects and other developmental works undertaken by governments and private parties for feedback and redressal.
It is more than evident that exemptions to such major activities alongside exemptions based on investment and extent of land utilized fail to serve the purpose of protecting our natural resources, instead granting exemptions on a finding of no significant impact could lend credibility to the entire process. An EIA report should also provide for viable alternative options in implementing the project or proposed activity which could introduce environmentally sound technologies (ESTs) and updates the data available to policy makers.
EIA report is expected to address all environmental concerns of any project at the planning stage and assist in studying the environmental feasibility of a project. It requires in-depth analysis of the impacts of a project, be it social or environmental, formulating mitigation measures and devising an environmental management plans. The mandatory implementation of mitigation measures, public participation without political interference in the implementation of projects and access to adequate information can be strengthened through a legislation. Projects having significant environmental impact need to be taken up for public hearing prior to their commencement and recommendations should not merely play an advisory role. Such recommendations emanating from public hearings should be treated as mandatory requirements within the project in order to obtain clearances. A statutory body needs to be established to review and implement the recommendations of an EIA report, accredit environmental consultants and attach criminal liability on those parties violating the laws by providing false or inaccurate data in their reports.
An EIA report should not merely restrict or prohibit activities that utilize or exploit natural resources but also help in conservation and restitution of lost resources. The entire process of finalizing an EIA alongside implementation of recommendation, alternate options and mitigation measures will ultimately push for legitimate policies for the protection of environment.
Organisation for Economic Cooperation and Development (OECD) defines Environmental Impact Assessment (EIA) as “an analytical process that systematically examines the possible environmental consequences of the implementation of projects, programmes and policies”. The analysis of such consequences help a nation to plan and develop policies to meet its agenda for environment protection. The regulatory framework for an EIA requirement in its present form does not impose a duty on citizens to conduct a fair and true assessment of all their activities which have a significant impact on the environment and the society at large. It is essential that preparation of an EIA report prepared to obtain environmental clearance for every major activity be rendered mandatory through the workings of a statute.
The Environment Protection Act, 1986 (EPA), founded on Article 21 of the Constitution of India guarantees the right to enjoy pollution-free water and air. The state takes on the responsibility to preserve and protect the environment for and on behalf of its citizens, yet, does not attempt to enforce the constitutional commitment imposed on every citizen of the nation to maintain ecological balance. Article 51A (g) imposes a fundamental duty upon citizens “to protect and improve the natural environment including forests, lakes, rivers and wild life, and have compassion for living creatures“. The provision implies that citizens including the governments and other private parties weigh the environmental impact of all proposed activities and take adequate steps to mitigate such impact.
The onus rests upon citizens to assume responsibility for actions which affect the environment and discharge their citizenship duties accordingly. The fundamental duty to protect the environment has far-reaching beneficial effects on the well being of a society and the nation and is not the same as forcing a citizen to sing the national anthem or develop a scientific temper. In its order upholding Justice Verma‘s recommendations on imposing fundamental duties on citizens, the Supreme Court stated that "It may be necessary to enact suitable legislation wherever necessary to require obedience of obligations by the citizens". The apex court has opined that governments should not hesitate to enact suitable legislation to enforce the fundamental duties upon citizens when it is expedient to do so.
There appears an obtrusive lacuna related to environmental impact assessment as envisaged in the present set of laws and a legislation that enforces mandatory environmental assessment of all developmental activities to propel diligent policy making. Statute law expresses the will of the nation and by establishing a specific law to meet the requirements of an EIA report, protection of nation's natural resources becomes the collective responsibility of all concerned and shall no longer be a exclusive burden on the state or that of the Courts. With the aid of action-forcing provisions, the statute in the lines of National Environmental Policy Act (NEPA) of USA could consolidate the EIA process in our nation and help develop, evolve policies which address the need to preserve environment as intergenerational equity.
Statutory provisions could force project proponents to take responsibility for every action or inaction encasing environmental protection by prescribing mandatory procedures for reporting and monitoring on pollution levels rendering them accountable for any environmental fall-out of a project. It could compel dissemination of adequate information to the public on infrastructure projects and other developmental works undertaken by governments and private parties for feedback and redressal.
It is more than evident that exemptions to such major activities alongside exemptions based on investment and extent of land utilized fail to serve the purpose of protecting our natural resources, instead granting exemptions on a finding of no significant impact could lend credibility to the entire process. An EIA report should also provide for viable alternative options in implementing the project or proposed activity which could introduce environmentally sound technologies (ESTs) and updates the data available to policy makers.
EIA report is expected to address all environmental concerns of any project at the planning stage and assist in studying the environmental feasibility of a project. It requires in-depth analysis of the impacts of a project, be it social or environmental, formulating mitigation measures and devising an environmental management plans. The mandatory implementation of mitigation measures, public participation without political interference in the implementation of projects and access to adequate information can be strengthened through a legislation. Projects having significant environmental impact need to be taken up for public hearing prior to their commencement and recommendations should not merely play an advisory role. Such recommendations emanating from public hearings should be treated as mandatory requirements within the project in order to obtain clearances. A statutory body needs to be established to review and implement the recommendations of an EIA report, accredit environmental consultants and attach criminal liability on those parties violating the laws by providing false or inaccurate data in their reports.
An EIA report should not merely restrict or prohibit activities that utilize or exploit natural resources but also help in conservation and restitution of lost resources. The entire process of finalizing an EIA alongside implementation of recommendation, alternate options and mitigation measures will ultimately push for legitimate policies for the protection of environment.
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