Biomimetics Innovation and necessary global investments.

Power Point Presentation on Biomimicry, 2021.

Investments in Biomimetic technologies include medical and robotics biomimetics and overall global investment is expected to exceed USD 70 Billion by 2033. 

India was always a leader in sustainable clothing starting with Khadi. With better collaboration between the private and public sectors India can create an affordable, yet, sustainable clothing for its citizens. 

Global brands look to invest in India.

India is dealing with high volume of textile waste and is using several processes to recycle discarded apparels and fabrics. 

Breaking down of cellulose in soil by organisms is emulated in processing textile waste that is contaminated, blended and synthetic, which produces regenerative materials and is economically viable, mitigates adverse environmental impacts.

Enzymatic Hydrolysis uses custom enzymes to break down cellulosic fibre—cotton, viscose, linen—into glucose. Unlike chemical recycling, this process is green technology that handles contaminated, blended, and coloured textiles. The textile-derived glucose replaces commercial glucose making it a sustainable product. Bacterial Fermentation converts the textile-derived glucose into PHA bioplastics, fully biodegradable polymers for packaging, agriculture, and medical devices.

Similarly,  Thermochemical Gasification transforms polyester, nylon, residual fibres—into syngas, an alternative fuel used in industrial production. By pre-treating textiles through enzymatic hydrolysis synthetic gas is sustainable and commercially valuable. 

End-product of these processes become sustainable raw materials for several industries and used as recycled inputs contributing to the circular economy.

 

 A paper on Sectoral CDM which remains relevant till date on the subject of reduction of emissions. 

Relevance of Sectoral CDM under the Kyoto Protocol.

Stimulating Ethical Climate Actions

 A paper I presented at the University of Iceland, 2014, that persuades ethical actions by governments and private parties to promote environmental equity to mitigate adverse effects of climate change.

Climate Ethics and Climate Justice, A Discussion on Principles 

Reforming the International Investment Regime.

 A paper I presented in the year 2013 at Istanbul.  I am posting this paper, that is definitely outdated, since it was hacked and I recovered it online. I have also redacted all references although i am hoping   readers  understand the basic premise on which i wrote the paper initially. 

Reforming the International Investment Regime.

 

Let us not give up hope, as we endeavour to reform one society at a time.

 

I had started research and writing on indigenous rights a few years ago. For several reasons I could not complete it soon enough. I planned to publish the working paper on my blog, and it seems such a pleasant coincidence that today happens to be World Environment Day. It seems very superfluous to discuss protection of a certain sect of people under international law, as we watch the unimaginable horror that Gazans are being subjected to.   Witnessing such a global disorder and disruption caused by nations like Russia, Israel, individuals like Trump. The constant threat posed by China to Taiwan and its suppression of Hong Kong’s protesters seeking democracy, its indoctrination and tyranny imposed on Uighurs not just within its borders but also those who have moved out to other nations is a challenge to international community and international institutions. 

I remember a journalist in the Guardian posing a question to her readers, if we are becoming powerless societies. I guess we are. It appears we stand a very little chance in rising  against growing authoritarianism and despot like Trump who is seen dancing to tunes of foreign leadership. He probably gave us a clue even before he seemingly won the election in 2024, he danced his way into his campaign. By choosing him to be the President that nation has humiliated itself before the world. 

Indigenous peoples who practice subsistence form of living have nothing to do with what is happening around the world. They live in self-demarcated territories minding their own business. But when has world left alone those who wish to isolate themselves for the good of global commons and the planet earth. It is indeed a paradox.  In its essence, my paper conveys the need to respect these indigenous communities of the globe who manage natural resources for our future generations and give them a place in the international community that they genuinely deserve. Let us not give up hope and our will to resist anarchy and tyranny. 

  Expanding Business and Human Rights Treaty for Indigenous Rights

 

Wars and Climate Change -- A Juxtapose and a Paradox...

 

As an individual who has spent a few years in reading, researching and writing on climate change, the recent event of COP 29 at Baku has left with me with a sense of defeat and absolute helplessness. Nobody is listening to anybody on these issues concerning human lives or their right to sustenance form of living. Topics on Peace initiatives, mitigation and adaptation initiatives are given least importance while war and war-mongering nations are getting the full attention of the world. 

 Scientific integrity of arguments pertaining to global warming and sea level rise,  glacial climate intervention, overall impacts of climate change on global  food and water security and soil fertility has had no impact on the nations and global leaders who would rather spend more money on its military and defence either to protect their legitimate sovereignty from aggressors who wish to forcefully occupy their lands or to provide basic necessities like food and water to its starving nation like Sudan and Gaza. So, who do we turn to for financing global adaptation systems. If political leaders and climate leaders have lost their faith in the purpose of Climate Change Agreement, then it is time to just promote the global goal on adaptation that probably will help small island nations or least developed nations and developing nations that require large scale financial assistance to survive the adverse impacts of climate change. 

The Stockholm International Peace Research Institute identifies at least 25 companies profiting most from war topping almost $5 billion in arms and military service sales in 2021 with most of the companies headquartered in the United States, which during the earlier regimes promised contribution to  climate finance, and in China that uses the profits to promote its economic aggression in African and Central Asian countries by investing in extractive industries in regions that are conflict ridden and creating a debt-trap for these nations. 

The insecurity of nations over their territorial integrity, influx of migrants from war-torn regions,  increasing number of refugees and internally displaced persons has governing leaders looking for long-term solutions while global warming, floods, forest fires, cyclones and drought have been relegated to oblivion. Ultimately, all problems are anthropogenic and most of them have become endemic that people are learning to live without proper access to food, water and livelihoods. It is not too late for nations like the USA, UK, Germany and China to focus on humanitarian aspects and take up resolution of conflicts and promote peace initiatives in order  to present history  to its future generations in a more humane manner. Media should headline the absence of proactive measures by world's richest nations to mitigate the plight of innocent civilians across the world scrounging for a meal and glass of fresh water and proper medical aid and question the inertia among leaders in taking up humanitarian causes.  Media is powerful but those who can afford should pay for information to gain access to accurate and truthful information in order to take informed decisions. 

The European Union has by far been one of the best in finding solutions  for climate change impacts and should continue to be world leaders in addressing climate change and global warming.  The recent forecast of what might happen after January 2025 should push EU to consolidate its position on the global political map by taking up responsibility for global issues affecting innocent people. EU has always believed in playing a servile role within the international community without really understanding its own strengths and resilience, having survived two world wars. EU is capable of preventing total collapse of systems across the world and take up its role as a global leader in climate change and humanitarian issues.

A perspective on Green Investments and the ESG factor

According to recent research, investors should anticipate that green assets will under perform brown assets. Investors tend to invest in green assets and divest their stakes in brown holdings. The demand for green assets increases their market price while diminishing the value of future returns. Green assets are a 'climate hedge' as they will perform better than brown assets in the face of adverse climate change impacts, and investors tend to attribute more value to this hedging ability. When evaluating potential green investments versus brown investments, companies anticipate higher returns from green investments by measuring the greenness of an investment using the Morgan Stanley Capital International indices on environmental ratings. Eventually, when the returns fall below the cost of capital, brown investments tend to outperform green holdings. Further, research findings imply that greener assets have a lower cost of capital with all other parameters remaining equal, and therefore companies should use a lower cost of capital when evaluating potential green investments when comparing them with brown holdings, creating an incentive for investors to hold a portfolio with increased investments in green holdings.

Long-term climate strategies include shifting from fossil fuel consumption to clean electricity, clean fuels and electrification of end-uses is viewed as the most efficient and economical way to reduce emissions in power, transportation and construction sectors. In sectors that are deemed as hard-to-abate sectors such as industries and heavy-duty transportation that include aviation and shipping. It would be pertinent to quote an example of green investments in producing sustainable aviation fuel (SAF).  Technological advancement in production of SAF,  a low-carbon alternative to traditional jet fuel made from crude oil has accelerated investments in the technology aided by incentives from state and federal governments of the US and EU.  A consortium including the United Airlines has started a $100 million venture capital fund on Tuesday to invest in the technology. Aircraft manufacturer, Boeing has announced that it as doubling its use of sustainable fuel this year. Yet, as on date, no flights are powered by sustainable fuel because of the cost factor which makes it three times as expensive as conventional fuel and it seems difficult to overcome the considerable cost differential that exist between conventional fuel and SAF owing to the production pathways for SAF.

Investment levels  in the production of electro-fuels or power-to-liquids have been insufficient due to high production costs thereby creating a negative feedback loop among investors. The demand for SAF needs to be consistent with the certainty for future supply of the product and eliminating the  risk factor surrounding its production pathways.  Presently, the lack of real large-scale demand for SAF has stymied the deployment of the product at a global level.

Policy development by the International Civil Aviation Organization (ICAO) has brought in a three-phase program known as the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) that aims to stabilize international aviation emissions at 2020 levels by 2035. It is stated that a mandatory participation by all countries starting 2027 could create new demands for SAF globally. It is estimated that low-cost pathway for production of SAF could reach price parity with conventional jet fuels in 2027. Additional incentives and/or tax credits can render costlier production pathways to become cost-competitive as has been brought in under The Inflation Reduction Act of the USA.  Investments in producing sustainable CO₂  via point-source capture or direct air-capture (DAC) and green hydrogen (H₂) can help in producing clean fuels. Scientists believe that only SAF technology has the potential for unbounded production.

A European Corporate Governance Institute working paper on finance focused on a "natural experiment in responsible investment" conducted by the world's largest public pension fund, Japan's Government Pension Investment Fund (GPIF). In 2018, the GPIF gave its largest portfolio manager a compensation-based mandate to enhance the ESG performance of portfolio companies. The authors concluded that "engagement by the asset manager has led to improvements in certain ESG scores for mid- and large cap companies." The mandate was distinct from the asset management contract already in place to invest in and manage equity securities. The incentive of remuneration for stewardship services above and beyond a standard asset management fee motivates passive managers of assets to increase the value of active stocks, creating financial incentives to improve a company’s ESG scores and consequently increasing equity investments in such companies.

 To understand if ESG criteria have been met by companies, it is essential to be aware of the calls for stringent norms for scrutiny, regulation, and reform of practices followed by ESG rating agencies that wield a substantial influence over market fluctuations and retail investors. It is recommended that regulatory agencies prohibit rating agencies' direct outreach to businesses in order to reduce their influence and prevent an imbalance in favour of those who pay them for consulting and insurance services. These agencies require universal norms for ESG compliance by companies based on standards such as resource efficiency, waste management, ecological harm, and disclosure of the amount of 'natural capital' inputs to their businesses. Profits from the practise of sustainable business processes should not be the only metric used to declare ESG compliance. For an accurate assessment of ESG compliance, the negative environmental impacts of business processes that tend to affect the environment should be used to offset profits. The objectives of rating agencies should not be based on a company's market capitalization or financial significance. It should aid in enhancing corporate performance, thereby contributing to sustainability and the circular economy. The methodology employed by rating agencies to collect and aggregate relevant data has been criticised by financial analysts as lacking transparency. It is simple to attract investments using ESG ratings on sustainability, but the absence of uniformity and harmonised benchmarks for compliance assessments can divert funds to projects and companies that engage in greenwashing.

In 2021, the International Organisation of Securities Commissions urged global regulators to investigate the veracity of claims made by various ESG data providers regarding environmental and social governance. In response, the Securities and Exchange Board of India (SEBI) mandated that all ESG rating agencies register with the regulator in order to prevent conflicts of interest and increase transparency in rating ESG compliances by corporations. It is important for large-scale investors and institutional investors to compare the outcomes of ESG compliance by companies that impact several industries and sectors to get an overall view to guide their future investments. Several ESG data providers sell volumes of data online, which means that the data available on their website has been verified both quantitatively and qualitatively. One such website, for example, is Statista, which provides information from individual nations pertaining to various sectors for a price.

References:

1.     Pástor, R. F. Stambaugh, and L. A. Taylor (2022). Examining green yields. 146(2) Journal of Financial Economics: 403-424.

2.     Pástor, R. F. Stambaugh, and L. A. Taylor (2021). Balanced investments in sustainability. 142(2) Journal of Financial Economics: 550-571.

3.     Berg, F., Koelbel, J. F., & Rigobon, R. (2022). The divergence of ESG ratings has led to widespread confusion. Finance Review, 26(6), 1315-1344.

4.     Berg, F., Koelbel, J. F., Pavlova, A., & Rigobon, R. (2022). ESG ambiguity and stock returns: Addressing the issue of noise (No. w30562). Bureau of Economic Research, National.

5.     Go to https://www.esgthereport.com

6.     Go to https://www.statista.com

7.     Go to https://www.sasb.com.

8.     Go to https://www.globalreporting.org.

9.     Inputs from Financial Times and The New York Times

Preserving the rights of indigenous tribes using global administrative law.

 Indigenous communities should form the fulcrum of sustainable development of a nation. Their culture and  forms of subsistence living are imminent to building low-carbon economies. Indigenous communities in Borneo have successfully protested the implementation of proposed palm oil plantations reemphasizing the need to restore their rights over ancient and  ancestral lands as a pertinent move  to address adverse impacts of climate change. The Mapuche community in the Araucanía region of Chile have, over decades, protested the invasion of their ancestral lands and conversion of  native forests into pine and eucalyptus plantations leading to civil insurgency against forestry companies and consequent  militarization of regions belonging to indigenous tribes as a deterrent to environmental activism. The Americas as such is witnessing the degradation of indigenous populations while jungles disappear due to illegal clearances for palm oil cultivation and unregulated cattle ranching. Solutions to mitigate climate change impacts can be found within the traditional knowledge of indigenous practices and tribal customs that have been neglected as retrograde and outdated.

Land-restitution and reparation programs across nations have not fully succeeded  owing to lack of investments in environment-friendly and sustainable projects in indigenous regions. The rejection of Chile’s new constitution is a glaring example of incorrect application of negotiation techniques and rules of engagement  with the indigenous tribes as is  evident in their lack of awareness of the advantages of new Constitution.

There is a need to provide a universal definition for indigenous communities based on domicile, culture and nativity  and preserve their  knowledge of agricultural and forestry practices.  Laws that mandate payment of a universal and life-time royalty to these tribes when  such practices are adopted by decision makers and stakeholders can help  nurture  lands in ways best known to them.

International community needs to place adequate emphasis on indigenous rights over land and practices.  It is requisite to  design legal regimes which improve governance of global resources not restrained by national  boundaries and claims of sovereignty.  Studies have demonstrated that indigenous-managed lands have prevented biodiversity loss  even better than those lands specifically identified for  conservation. New Zealand’s government has set an example  by integrating  indigenous knowledge of local landscapes into their decision making on infrastructure and  land-use changes  to adverse impacts of natural disasters. 

Giving back to the indigenous communities their rights over lands that was taken away from them  may not be just an act of kindness but one that can save our planet from moving towards the ‘highway to hell.'   This is a preamble to a paper that builds  a case to  endorse the application of global administrative law to harmonize governance modules for tribal regions within nations. Just as ocean management, regulating forests and forestry rights of indigenous tribes needs to take precedence over reckless land-use changes.

 

Personally, as an attorney I have  been overwhelmed by Law of Injunctions in environmental cases. On preliminary research I was surprised to read the volume of opinions and treatises on how injunctions relating to environment and natural resources management be decided by courts. This paper was published in the Atiner Journal of Law in January 2021.   I am now posting a version of the paper with recent updates on the topic of natural capital accounting which is essential as a concept that can serve jurists as an aid to decide injunction pleas  filed in public interest. 

Hypothesizing A New Standard for Environmental Injunctions.

 

F.Sherwood Rowland  while accepting the Nobel Prize in Chemistry in the year 1995 made a profound statement pointing out our complacency in tackling global warming and climate change impacts. He stated thus “What is the use of having developed a science well enough to make predictions if, in the end, all we’re willing to do is stand around and wait for them to come true?”  As early as 1979 the then President of United States Jimmy Carter was presented with a report by the National Academy of Sciences that investigated the contention whether human activities  might have an adverse impact on the climate of the world and predicted a doubling of CO₂ in the atmosphere that could  rise global temperatures to about 3 degrees Celsius. The report failed to have the necessary impact on international community to act decisively and wisely on the ways of nature reacting to callous human actions in commercial ventures. Business communities were more concerned about the decrease in profits if they were compelled to limit fossil fuel emissions in their business activities and the costs of changing their business-as-usual models to more sustainable ones. The denial by business and finance communities on climate change in the early 80s and 90s was the biggest obstacle to climate action. The communities ensured that their thoughts on climate change  reached  the public by using blatantly false campaigns and bought out expertise,  distracting them from gaining scientific awareness on the consequences of activities fueled by fossil-fuels. The markets that were indicators of the state of economy were not offered  the necessary incentives to absorb the cost of negative externalities  and change their business mechanisms. Instead the business and finance communities chose to look the other way when scientific consensus on climate change impact was gaining traction. This lack of oversight has led to increase in climate related poverty and environmental refugees. I am presenting here a working paper that calls for a paradigm shift in designing the business and human rights treaty, currently under negotiation, that aims to hold global Transnational corporations accountable for current state of our climate and weather patterns.

 

 

 A Climate Treaty under the regime of International Poverty Law.

Subsequent to my post on Climate-related Financial Disclosures dated 22nd March, 2019, I am updating the same with more information on recent publications. As mentioned earlier, since most of my writings on the blog and other papers were hacked, I have chosen to edit the same now while providing links to websites that can help readers gain access to updated and valuable information on the topic in discussion. 

Read on... 

The Concepts of Suspended Sovereignty and Responsibility to Protect

 

    The statutory regulation of  storage, handling and disposal of hazardous materials is related to occupational hazards and not really part of  environmental law. Most important statutes deal with handling of hazardous wastes, disposal and remediation.  When some materials turn hazardous due to prevailing  conditions owing to extended time of storage in an unregulated situation and in an  unsafe place and finally reacts with the atmospheric elements to turn into unstable and dangerous compounds can become ticking bombs and result in an environmental crisis causing severe pollution of air, water and soil. 

    The Beirut blast is clearly an environmental and ecological crisis that can affect the air quality, soil and water resources in and around the city. It is not clear if it will cause any disruption of air quality within the region.  The incident has exposed to the world the total ignorance, neglect and criminal negligence of the Lebanese government in handling hazardous materials. Ammonium Nitrate has many uses including the making of explosives. The port authorities have clearly ignored several warnings and neglected the storage of a reactive and flammable compound by leaving it unregulated for several years without putting in place requisite safety standards despite its proximity to general population. It simply  calls for strict liability on the part of the Government without none else to take the blame.  In the case of Lebanon, the storage of such volatile materials and exposing them to atmospheric elements for more than six years and thus endangering the lives of those living within the vicinity places the liability  directly on the port authorities.  Citizens have a right to sue the government and claim compensation for the damage incurred by them as several citizens were left homeless.  But, does the government have the wherewithal to compensate its citizens either monetarily or otherwise? It seems it is helpless as one follows the various news articles published on the internet and watching the recent interview of  Minister of Economy and Trade Mr. Raoul Nehme by  BBC’s Stephen Sackur.  It is more than evident that  only there is no one in the government willing to take responsibility for the act of   criminal negligence committed against its people of with every one of the Ministers passing the buck and claiming international monetary aid without accountability.  Given the state of economy in the country with poverty levels rising, and failure of the government to provide basic amenities including electricity and drinking water to its citizens, Lebanon can very well be declared a fragile and failed state calling for intervention by the international community to save the nation from complete breakdown. A fragile and failed state threatens public health care infrastructure, thus risking global healthcare systems considering the COVID -19 pandemic. It further  destabilizes regional security and requires humanitarian intervention by the UN and international community. 

    In this light, I wish to state here that the  paper in this post was written by me  in the year 2012 and published it while I was spending some time in the US.  I just noticed that  this paper was hacked to pieces and I had to edit the same for the purpose of this post. The print out that I normally store seems to have vanished and therefore, I do not have an earlier copy to compare and edit. In the event of any factual errors in the paper, it may have been due to my oversight in reviewing. I have not really updated the paper with any recent information.  The content of the paper reflects my thinking on the subject that prevailed at that point in time.  I am posting it here with the hope that there may be readers who think on the same lines as I do for the benefit of the helpless citizens of Lebanon and similar nations facing  serious environmental crisis. The international community needs to come together to set an example of how international monetary aid can demand absolute accountability and transparency from governments or nations receiving such aid and assistance.

 Working Paper on 'Making the United Nations work for Global Commons': Amending the UN Charter

Corrigendum to earlier blogpost titled "When Economic interests override Environmental Concerns"

The title “When economic interests override environmental concerns” in one of my blog posts is an objective claim referring to the exclusive issue of demanding a social impact assessment for the Chennai-Salem Corridor at a stage when the original project had been commissioned and was clearly underway. My title presumably does not endorse the view that environmental norms need to be diluted to attract investments.   In retrospect, I am now convinced that the apt title for the blogpost would have been “When political interests override environmental concerns”. The title and the blog post express the futility in reopening environmental and social assessment of a project, that has changed its targets and direction midway to suit political and vested interests. The phrase. ‘Economic interests” specifically refers to those investors who have been awarded contracts in the Bharatmala project and any reopening of assessments could lead to stoppage of work merely because a major route within the state of Tamil Nadu has been changed to suit political purposes.  Essentially, strategic environmental assessment needs to be completed before commission of the projects and contracts have been awarded. It would be legally incorrect to subject the original project whose EIA is completed, at least on paper, to large scale changes that can affect a different region that has not been assessed for environmental and social impacts in the original EIA report.

 

The blog post merely espouses the case of those investors who may face financial constraints if the contracts have been stalled for reasons that are political. It further believes the best option available to all stakeholders would be to proceed with the implementation of original project where environmental impact assessment and social impact assessment have been completed.  Yet, as on date, from details available on the internet, it appears that contracts have been awarded for only 27% of the project and the rest have been delayed for several reasons including COVID-19.

 

Despite all good intentions, the pandemic has brought to standstill many a project including large scale infrastructure projects. In the interregnum, it may be time to review the project and the EIA reports prepared in relation to the entire Bharatmala project with an inquiry into the shelving of Chennai-Madurai Economic Corridor and if the project is to be recommenced post-pandemic, it must follow the original project plan of creating the Chennai-Madurai Economic Corridor, instead of the Chennai-Salem Highway. In any case, acquisition of land for such large-scale infrastructure projects should follow after an extensive EIA report has been prepared since the report shall list out if any agricultural lands are being acquired for the purpose and if any ecologically sensitive areas are being threatened. Further, the EIA report needs to list out any mitigation and adaptation plans are in place subsequent to such acquisition. Acquisition of any land for such large-scale infrastructure projects should be within norms listed for land-use change and if such changes can be justified with a cost-benefit analysis.

 

 

 

 

 

Environmental Refugees and Internally Displaced Migrants

On the World Environment Day, I thought it befitting to write about the status of environmental refugees who are victims of apathy exhibited by governments across the world. A recent ruling by the United Nations Human Rights Committee that governments cannot refuse to accept those seeking refuge in other nations due to environmental factors and claiming to be victims of climate change.

UN Ruling on Environmental Refugees 

There can be no words to describe the humiliation faced by those who are forced to leave their homes, they wish they never had to leave and the feeling of disappointment and devastation when refused a place in the land they seek refuge. Even nations that are not parties to the refugee convention are bound by the principle of ‘non-refoulement’ under customary international law, but refugees who have lost their land and livelihood in their birth nation have no redressal under international law owing to the fact that there is no fixed and universal definition for the term “environmental refugees”. The UN’s ruling has rightly brought these categories of refugees within the purview of standard definition of “refugee” under international law and has granted legitimacy to claims for asylum based on environmental factors including loss of habitat due to sea level rise and loss of livelihoods due to climate change impacts and frequent incidents of natural disaster. As on date, there is no clear and legal definition for the term “environmental refugee” but it finds a place in the OECD Glossary of Statistical Terms as “a person displaced owing to environmental causes, notably land loss and degradation, and natural disaster.
 

It has taken a long time for institutions to recognize the growing problem of environmental refugees at a global level. The only solution to prevent exodus of environmental refugees from Small Island Nations, Pacific Islands and countries that are losing their habitable land to sea level rise is to curb greenhouse gas emissions and take serious steps to prevent a repeat of business-as-usual scenario in the immediate future after the pandemic recedes.


 On a similar note, but in a domestic scenario, the COVID-19 pandemic has highlighted the underlying weaknesses in publicly established systems such as primary health care infrastructure in developing nations and access to emergency services relating to health, food and shelter for the poor and underprivileged living in densely populated areas. The pandemic has brought to the forefront the government’s apathy towards the poor with total disregard to their housing comfort where social distancing, crucial to prevent the rapid spread of the corona virus has been impossible to implement. All claims by governments that PDS is a huge success need to be rejected considering the fact we witnessed scenes of huge population of migrant laborers walking hundreds of miles back to their hometowns to stave off hunger and starvation. The problems posed by migrant laborers in India during the pandemic clearly establishes the fact that they are ‘internally displaced persons’ (IDPs) with no provision to access the public distribution system for food and essential commodities in the state where they have been contributing to the economy except in their registered hometowns. Although, their migration has been voluntary and in search of employment, treating them as IDPs under the current scenario is only appropriate that grants them rights for enforcement. International law mandates that the governments of those states where such IDPs are living and working are responsible for the welfare of such populations. By permitting them to leave one state with no guarantee of fulfillment of basic necessities is violation of human rights by the that state. It is a humanitarian crisis of severe nature that India is witnessing. With this understanding, I hope the governments endeavor to put in place a system that ensures the welfare of these migrant laborers within the state they seek employment is taken care of and these invisible citizens are accounted for.

Phasing out economic recovery for the environment and climate impacts

The levels of air and water pollution across the world have seen a dip, wild life in various nations have found freedom to roam in national parks, some cities and urban areas. This is good news. We all know that it is a temporary setback as world awaits restarting of economy, hoping to rebound to business-as-usual scenario. But this respite must be consolidated by governments by revisiting the implementation of environmental and pollution norms that have been put in place to counter climate change impacts and intensify regulation before providing the impetus to restart the slumbering economy as we gear up for better economic times after the pandemic recedes. 

How the Coronavirus Pandemic is Affecting Carbon Dioxide Emissions 

Governments may tend to prioritize industries that need to be started before a total economic recovery. Transportation industry may be the first to restarted. In that event, a stringent regulation of polluting vehicles and allowing only those that have been certified as non-polluting and free of emissions to ply on the roads. Polluting industries such as leather and textiles must be permitted to reopen only if they have put in place necessary waste treatment mechanisms and also comply with requisite reporting requirements. Construction and real estate can be regulated to ensure only green buildings that meet sustainable norms are permitted to start construction. Governments need to encourage sustainable farming activities but providing sustainable transport and distribution of such produce from rural to urban areas encouraging citizens to choose such products. It is also the appropriate time to regulate manufacturing industries to ensure biodegradable and Eco-friendly packaging of products that aims to reduce the usage of plastic and unsustainable business practices. Similarly, an examination and inspection of all sectors for compliance of pollution norms prior to restarting them will go a long way in ensuring cleaner air and water for citizens. 

Carbon Emissions are falling sharply due to coronavirus. But not for long?? 

 The pandemic situation that prevails today has changed our consumption patterns to a large extent and we need to self-regulate our behavior to reduce waste, recycle and reuse products and raw materials.  Effectively we should start the cycle for circular economy. Regulatory bodies need to conduct inspections on production mechanisms, generation of waste, emission standards of all industries, mandating compliance of pollution norms at all levels within a specific time period, failing which the threat of businesses being shut down until future compliance be indicated. It is that time to ensure small and micro industries receive stimulus packages for revival with the condition that those entities that are power intensive should install standalone renewable energy units that can sustain their businesses without dependence on the main grid. 

It is also the time when the demand for power has come down substantially due to closure of businesses and related activities, but there has not been sufficient adoption of storage technology to store unused and excess power that has been generated. While, we cannot predict and expect various forms of contingencies and exigencies in our normal conduct of life and businesses, the present situation of global pandemic has highlighted the strengths and weaknesses of systems that are in place across various nations. It is time to assess them and act accordingly. This is also the right time to enforce tourism standards that address ecological concerns and sustainability of ecosystems and wildlife habitats by imparting good tourism etiquette among populations. 

Coronavirus- The positive impact on Environment and Climate Change 

The above conditions to restart businesses may seem inappropriate at a time when incomes have been brought down to nil in some businesses and unemployment levels are at the highest, but we have paused a bit for the pandemic to recede. Will it be too much to ask to hold on to the pause button a little while longer to allow our planet to breathe once again and provide a better planet to our next generation and posterity. After all, the demand is only to comply with existing pollution norms to reduce air and water pollution and make the world a better place to live after the pandemic ends.

When injunction is the norm and not an exception....

The Southern Bench of the National Green Tribunal in a matter relating to a plea to grant stay the celebration of Mahashivarathri at the foothills of the Velliangiri hills located at the elephant corridor. The petitioner believed that lakhs will attend the celebrations disturbing the peaceful existence of wild animals in the area leading to an increase in man-animal conflict in the region. It is indeed surprising that the Tribunal failed to grant a stay of the celebrations even on the preliminary assessment of facts that the venue for conducting the celebrations was indeed within an eco-sensitive region and that there are several petitions against the Isha Foundation pending before various judicial courts in this matter filed every year when the celebrations are due. The plea by the counsel for Isha Foundation that the High Court is seized of the matter and that requisite permissions were already obtained sounds hollow and does not hold water. There is no gainsaying that every year political bigwigs from the ruling party attend the celebrations giving the Foundation much needed publicity. It is therefore, not surprising that there is not a single order against the erring Isha Foundation and the plight of tribals have been sidelined to please the so-called God Man. So, is this dereliction of duty on the part of the National Green Tribunal subsequent to political pressure to connive the illegal activities of the Foundation? It is not clear as to why the lock and seal notice issued against the Foundation not acted upon since 2012, despite state government taking corrective measures against the Foundation. Why was no injunction granted against the construction of 112 feet idol of Lord Shiva on wetlands presumably owned by the Foundation? How did the Foundation even obtain title over land in reserved forest and hill areas? Courts cannot gloss over permissions obtained but examine whether such permissions were within the law and legally appropriate under laws relating to environment protection and forest land use and conversion? Who were the authorities who granted permission for such unhindered construction near the foothills of Velliangiri? What kind of permissions were given to the Foundation? If posed a question, I am sure Lord Shiva himself would favour the poor tribals who have been granted pattas, over Isha Foundation and its founder. Is the Foundation being protected by the ruling party due to its Hindutva agenda while it overlooks the impact of such unrestrained construction activity in an eco-sensitive area despite protests by tribals and poor people who depend on forests for their livelihood. It is sad that the court was not moved by the plight of the petitioner named Muthamma, a poor tribal woman who sought its intervention? Does it also mean that all those petitioners against the Foundation were unable to establish a prima facie case for injunction against the Foundation and that all petitions against the Foundation did not bear merit for the courts to intervene? Courts must also endeavour to establish the fact as to who supports the Foundation with muscle and money against the genuine grievance of indigenous communities living around the region.

Creating Awareness on Air pollution as a major cause for Non-communicable diseases among Indians

Air pollution is not adequately addressed by governments in Asian nations and is not discussed among those in major metros of India.  Other issues that are seemingly   critical and relating to economy and development and recently religion have taken precedence as topics for discussion in living rooms. The fact remains that  the overall health of Indian population remains compromised due to lack of awareness on contributing factors such as air and water pollution, hygiene and sanitation, malnutrition and farm practices. Substantial research has been conducted on the effects of air pollution and increasing affliction of non-communicable diseases (NCDs) such as Diabetes, Lung diseases, Heart diseases among the populace of Indian cities. According to the WHO, about 5.8 million deaths that occur in India every year are associated with NCDs. 

After WHO’s Global action plan for the prevention and control of NCDs 2013-2020 India took the first step towards  developing specific national targets and indicators aimed at reducing the number of global premature deaths from NCDs by 25% before 2025. India has also taken major steps towards reducing indoor air pollution by distributing LPG cylinders to households in villages calling for a marked shift from using firewood for cooking and protecting women from air pollution.

In India, various aspects of outdoor pollution including vehicular emissions are not monitored or regulated in keeping with international norms. Regulatory authorities turn a blind eye to condemned and unfit vehicles plying the roads of Indian cities contributing to severe forms of air pollution. The present trend in prevalence of NCDs  among Indians  is predominantly because of lack of awareness on air pollutants when granting Fitness Certificates to such unusable vehicles allowing them to  contribute to severe air pollution. Essentially, it is about creating awareness among regulatory and enforcement authorities who need to ensure compliance of environmental and other regulatory norms meant to stem air pollution. 

Construction industry is yet another industry that gives rise to passive emissions and it should work at reducing emissions by effectively changing its working model by way of reducing emissions from dust and debris spilling on to the roads affecting general public and by adopting business practices that prevent air pollution. 

To state an example, is the neglect of the health of police constables in charge of monitoring the traffic on the roads of India’s metros  and  lack of initiatives to address such occupational hazards. It is understood that many of this law enforcement workers face premature deaths most often because of lung diseases. Such government workers exposed to elements of nature and air pollutants require constant and mandatory monitoring of health through frequent health check-ups at their workplace. Masks to protect themselves from air pollution alongside preventive medicine and health care is to be distributed. Budgetary allocation and expenditure towards health and preventive action for government workers who are exposed to air pollution needs to be examined and probably some benefit can be achieved through a public, private partnership. 

Large neon signs and LED displays at public places such as beaches, bus stations and railway stations can disseminate awareness on tobacco consumption and offer other household behavioral advice to stem indoor air pollution, which may require large-scale private funding. Advertisements on TV screens do reach households, but lack of time to watch TV monitors may not reach the required audience. If  such dissemination is to take place in public places in the form of short movies and streaming documentaries  can catch the eye and attention of those who wait at such places. It requires substantial private funding to create non-emitting visual displays of air pollution causes and remedies. The results may be more comforting and effective. 

Cities and towns near coal mining require acute monitoring and preventive action by government and for this purpose there is a need to collate and distribute real-time data to the public and other stakeholders for future action. It is important to have a neutral, third-party and authentic real-time data collection unit that remains  accountable to all stakeholders including funding organizations. Investments in clean coal technologies is crucial and therefore bringing down the cost of such technologies is an important aspect of negotiation under the UNFCCC. A representative needs to be sponsored and sent to address air pollution in India at the upcoming UNFCCC meet to discuss the aspect of making clean coal technology  an imminent part of coal mining and solutions to tackle emissions from other extractive industries should be made available at a reasonable cost to developing nations that are dependent on fossil fuel for their energy needs. 

Environmentally sound technologies or ESTs need to be made available to developing nations that are struggling to tackle air pollution for lack of access to advanced technologies owing that are capable of mitigating such impacts. A consortium that aids in granting access to ESTs through subsidies and by granting financial aid, incentives and adequate monetary compensation for such inventions needs to be worked through to help developing nations. 

  Apex Court on introducing nitrogen based fuel to combat air pollution

Ultimately, air pollutants result in affecting precipitation levels of a region, lead to ozone depletion and have a direct effect on climate change impacts. It is imperative that we address localized air pollutants in order to address the larger aspects of climate change.

WHO Data on NCDs mortality in India

 

India's Global monitoring Framework on NCDs 

The Efficacy of Impact Assessment of Mega dams and Hydropower projects

Environmental Impact Assessment is crucial to implementation of major infrastructure projects in India, including highways and dams. The aspect of generating viable and feasible alternatives relating to adoption of new technologies, exclusion of sites for implementing projects, calculating the greenhouse gases emissions of the projects during its life cycle, commissioning and decommissioning of mega dams are not part of the EIA reports prepared by authorities who are involved in granting approvals for such projects. Where does the solution for such intricate problems lie in our domestic legislation? The answer could be the manner in which the EIA report by  itself is prepared and the blatant absence of alternatives to the project including the 'no-action' alternatives. The Working paper cited here discusses at length citing judicial law on alternatives assessment under National Environmental Policy Act (NEPA) and how alternatives are crucial to mitigating climate change impacts.

 The `No-Alternative' Scenario in the Alternative Analysis of NEPA

When economic interests override environmental concerns....

The Chennai-Salem Expressway in the state of Tamil Nadu in India is a greenfield project conceptualized as part of the Bharatmala Pariyojana Scheme sponsored by the Central Government. It endeavors to connect existing highways to create economic corridors. On the face of it, it is expected to ease freight movement, cut costs, reduce travel time and improve productivity, although there is no oversight or technical supervision over the project and therefore these claims cannot be confirmed or denied.


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Seeking a mandate for climate-related financial disclosures by corporations to investors

In January 2010, the Securities and Exchange Commission (SEC) required corporations to disclose the effects of climate change on corporations and their investors and for this purpose issued guidance and requirements for disclosures related to business and legal developments on climate change. The SEC guidance required to disclose to its business and subsidiaries, information relating to its products and services, environmental information, form of organization and other factors. The SEC, further required registrants to provide information on “significant factors” that make an investment in the registrant speculative or risky or the substantial effects of environmental legislation on the registrant’s  financial condition or operations. With regard to disclosures relating to the effects of climate change on the business itself, the guiding regulations lacked clarity and failed to call for specific details in their publicly filed disclosure documents that could be treated as actionable. Subsequently, the SEC has not taken forward the mandate for climate related financial disclosures intended to protect the interests of investors.

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