Test: EIA Framework - CLAT PG MCQ

The EIA process is designed to identify and evaluate the potential impacts of proposed projects, ensuring that environmental, social, and economic factors are considered before project approval. This comprehensive assessment helps in making informed decisions that promote sustainable development.

The National Environmental Policy Act (NEPA), enacted in 1969, was the first federal legislation requiring environmental impact assessments for major projects, thereby inspiring similar laws in other countries, including India.

The EIA Notification, 2006, classifies projects into three categories: Category A (large projects requiring full EIA), Category B1 (smaller projects requiring full EIA), and Category B2 (projects exempted from full EIA but may need other clearances). This categorization helps streamline the assessment process based on potential environmental impacts.

The Draft EIA Notification, 2020, proposed allowing post-facto clearance, which would enable projects that commenced without prior environmental clearance to seek approval post-completion, raising significant concerns about accountability and environmental protection.

The EAC is responsible for providing expert advice to the Ministry of Environment, Forest and Climate Change (MoEFCC) for evaluating Category A projects, ensuring that significant environmental impacts are thoroughly assessed.

Public Evaluation is not a recognized stage in the EIA process. The correct stages are Screening, Scoping, Public Consultation, and Appraisal, each serving distinct purposes in assessing a project's environmental impact.

Critics argue that the 2020 Draft EIA Notification reduces public consultation periods and allows post-facto clearances, which could undermine environmental protections and community involvement in decision-making.

Post-facto clearance allows projects that have begun construction or operation without prior environmental clearance to apply for approval after the fact, potentially legalizing prior violations of environmental regulations.

The MoEFCC oversees the compliance of Category A projects, ensuring that environmental safeguards and mitigation measures are followed after projects receive environmental clearance.

Public consultation is crucial as it provides a platform for local communities and stakeholders to voice their concerns and suggestions, ensuring that the EIA report reflects the perspectives of those potentially affected by the project.

The NGT is tasked with adjudicating disputes related to EIA violations, ensuring compliance with environmental laws, and providing a legal avenue for affected communities to seek justice for environmental grievances.

The primary aim of EIA is to promote sustainable development, ensuring that projects meet human needs while safeguarding the environment for future generations, thus balancing economic growth with ecological integrity.

The 2020 Amendments have faced significant criticism for allowing post-facto clearances and reducing public consultation time, which some argue could undermine the integrity of the EIA process and environmental protection.

One of the significant challenges is the misclassification of projects, where some may be incorrectly categorized as exempt from full EIA requirements, potentially leading to inadequate environmental assessments and oversight.

Public hearings are essential as they facilitate community engagement, allowing stakeholders to express their opinions and concerns regarding proposed projects, which helps ensure that local knowledge and community impacts are considered in the EIA.