2023 Environment Law Course Manual

COURSE MANUAL
ENVIRONMENTAL LAW
COURSE INSTRUCTORS:
Charu Sharma
Anny Gabriela Molina Ochoa
Sara Acevedo Garzon
Mahima Balaji
COURSE COORDINATOR:
Maneka Nair Sastharam
SEMESTER:
FALL 2023
(ACADEMIC YEAR 2023-24)
CORE COURSE
JINDAL GLOBAL LAW SCHOOL
CONTENTS
PART I
General Information …………………………………………………………………………….……Page 3
PART II
a. Course Description .………………………………………………………………………………Page 5
b. Course Aims …………………………………………………………………………………………Page 5
c. Intended Learning Outcomes …………………………………………………………………Page 6
d. Grading of Student Achievement …………………………………………………........….Page 7
PART III
a. Keyword Syllabus ………………………………………………………………………..……… Page 8
b. Course Policies ……………………………………………………………………………………. Page 8
PART IV
a. Weekly Course Outline …………………………………………………………..............…. Page 11
b. Readings ……………………………………………………………………………………………. Page 12
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PART I
General Information
General information on, Environmental Law Course offered by Jindal

Global Law School in the AY 2023-24
The information provided herein is by the Course Coordinator. The following

information contains the official record of the details of the course.
This information shall form part of the University database and may be
uploaded to the KOHA Library system and catalogued and may be
distributed amongst 4th year Law students for B.A. LL.B. (Hons), B.B.A.
LL.B. (Hons), B.Com LL.B. (Hons), LL.B., and 3 rd year LL.B. (Hons), and
B.A. (Hons) Legal Studies, (B.A. Legal Studies for students enrolling in or
after AY 2023-24), B.A. (Hons) Criminology and Criminal Justice (B.A.
Criminology and Criminal Justice for students enrolling in or after AY
2023-24), and LL.M. courses, if necessary.
COURSE TITLE: Environmental Law
COURSE CODE: L-CT-0020
COURSE DURATION: 15 WEEKS X 4 HOURS PER WEEK = 60 HOURS
NUMBER OF CREDIT UNITS: 4
LEVEL: LLB 2021
MEDIUM OF INSTRUCTION: ENGLISH
PRE-REQUISITES: NA
PRE-CURSORS: NA
EQUIVALENT COURSES: NA
3
EXCLUSIVE COURSES: NA
4
PART II
A. COURSE DESCRIPTION
This course will explore the theories, legal materials, issues, systems, and debates that
animate environmental law and ecological policy discourse in India and in varying local,
regional and global contexts. This course will focus on three aspects: first an
introduction to the subject in terms of tracing the history of the environment movement
and environmental law scholarship. Connectedly, this involves, consideration of
horizontal aspects (ethics, theories, general principles and legal sources, macro-issues)
and vertical aspects (specific areas/fields/case-studies such as pollution, air laws, water
laws, land laws, biodiversity, animal rights, desertification, climate change, indigenous
people, sustainability, heritage, development, trade, scientific uncertainty etc.). City-
specific and urban aspects of environment law will be given equal attention along with
aspects pertaining specifically to rural and non-urban landscapes. Finally, we also
consider and explore the landscape of international environmental law, and principles
at play beyond the Indian judicial system.
B. COURSE AIMS
At the end of the course we aim to better understand how to conceptualize nature,
culture and our (past, present and future) place in the universe.
At the end of the course, the students will be able to:

 Examine the intersection between law and environment for a better
appreciation of the role of law in environmental protection.
 Develop an understanding of the private law and public law aspects of

environmental regulation.
 Understand and appreciate the critical role played by the judiciary in India in
developing a rights-based framework for environmental regulation in India.
 Explore the evolution of international environmental law and its impact on

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

Students will research and
participate in class discussions
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D. GRADING OF STUDENT ACHIEVEMENT
To pass this course, students must obtain a minimum of 40% in the cumulative
aspects of coursework, for example, moot, and final examination. End of semester
exam will carry 50 marks out of which students have to obtain a minimum of 15
marks to fulfil the requirement of passing the course.
The details of the grades as well as the criteria for awarding such grades are
provided below.
PERCENTAGE GRADE
GRADE GRADE DESCRIPTION
OF MARKS VALUE
Outstanding – Exceptional
knowledge of the subject matter,
thorough understanding of issues;
80 and above O 8
ability to synthesize ideas, rules and
principles and extraordinary critical
and analytical ability
Excellent - Sound knowledge of the
subject matter, thorough
75 – 79 A+ 7.5 understanding of issues; ability to
synthesize ideas, rules and principles
and critical and analytical ability
Very Good - Sound knowledge of the
subject matter, excellent organizational
capacity, ability to synthesize ideas,
70 – 74 A 7
rules and principles, critically analyze
existing materials and originality in
thinking and presentation
Good - Good understanding of the
subject matter, ability to identify issues
65 – 69 A- 6 and provide balanced solutions to
problems and good critical and
analytical skills
Fair – Average understanding of the
subject matter, limited ability to
60 – 64 B+ 5 identify issues and provide solutions to
problems and reasonable critical and
analytical skills
55 – 59 B 4 Acceptable - Adequate knowledge of
the subject matter to go to the next
level of study and reasonable critical
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PERCENTAGE GRADE
GRADE GRADE DESCRIPTION
OF MARKS VALUE
and analytical skills.
Marginal - Limited knowledge of the
subject matter and irrelevant use of
50 – 54 B- 3
materials and, poor critical and
analytical skills
Pass 1 – Pass with basic understanding
45 – 49 P1 2
of the subject matter
Pass 2 – Pass with rudimentary
40 – 44 P2 1
understanding of the subject matter
Fail - Poor comprehension of the
subject matter; poor critical and
Below 40 F 0 analytical skills and marginal use of the
relevant materials. Will require
repeating the course
When the student has not appeared in
the examination. If an "Ab" grade is
Absent Ab 0 assigned, it will require a resit
examination and/or repeating the
course.
PART III
E. KEYWORD SYLLABUS
Environment, ecology, nature, culture, history, human rights, air, water, forests,
wildlife, biodiversity, indigenous people, heritage, pollution, courts and judicial
remedies, institutional framework, climate change, urban environment, development.
F. COURSE & CLASS POLICIES
CELL PHONES, LAPTOPS AND SIMILAR GADGETS
The course instructors will regulate the use of gadgets based on the day-to-day class
requirements.
INTERNAL ASSESSMENTS
The nature of internal assessments will be discussed in class and finalized along with the
deadlines within the first two weeks of the starting of the course.
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ACADEMIC INTEGRITY AND PLAGIARISM
Learning and knowledge production of any kind is a collaborative process. Collaboration

demands an ethical responsibility to acknowledge who we have learnt from, what we
have learned, and how reading and learning from others have helped us shape our own
ideas. Even our own ideas demand an acknowledgement of the sources and processes
through which those ideas have emerged. Thus, all ideas must be supported by citations.
All ideas borrowed from articles, books, journals, magazines, case laws, statutes,
photographs, films, paintings, etc., in print or online, must be credited with the original
source. If the source or inspiration of your idea is a friend, a casual chat, something that
you overheard, or heard being discussed at a conference or in class, even they must be
duly credited. If you paraphrase or directly quote from a web source in the examination,
presentation or essays, the source must be acknowledged. The university has a
framework to deal with cases of plagiarism. All form of plagiarism will be taken
seriously by the University and prescribed sanctions will be imposed on those who
commit plagiarism.
DISABILITY SUPPORT AND ACCOMMODATION REQUIREMENTS
JGU endeavours to make all its courses accessible to students. In accordance with the
Rights of Persons with Disabilities Act (2016), the JGU Disability Support Committee
(DSC) has identified conditions that could hinder a student’s overall well-being. These
include physical and mobility related difficulties, visual and hearing impairment, mental
health conditions and intellectual/learning difficulties e.g., dyslexia, dyscalculia.
Students with any known disability needing academic and other support are required to
register with the Disability Support Committee (DSC) by following the procedure
specified at https://jgu.edu.in/disability-support-committee/
Students who need support may register any time during the semester up until a month
before the end semester examination begins. Those students who wish to continue
receiving support from the previous semester, must re-register within the first month of
a semester. Last minute registrations and support might not be possible as sufficient
time is required to make the arrangements for support.
The DSC maintains strict confidentiality about the identity of the student and the nature
of their disability and the same is requested from faculty members and staff as well. The
DSC takes a strong stance against in-class and out-of-class references made about a
student’s disability without their consent and disrespectful comments referring to a
student’s disability.
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All general queries are to be addressed to disabilitysupportcommittee@jgu.edu.in
SAFE SPACE PLEDGE
This course may discuss a range of issues and events that might result in distress for
some students. Discussions in the course might also provoke strong emotional
responses. To make sure that all students collectively benefit from the course, and do
not feel disturbed due to either the content of the course or the conduct of the
discussions. Therefore, it is incumbent upon all within the classroom to pledge to
maintain respect towards our peers. This does not mean that you need to feel restrained
about what you feel and what you want to say. Conversely, this is about creating a safe
space where everyone can speak and learn without inhibitions and fear. This
responsibility lies not only with students, but also with the instructor.
P.S. The course instructor, as part of introducing the course manual, will discuss the
scope of the Safe Space Pledge with the class.
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PART IV
WEEKLY COURSE OUTLINE AND READINGS
a. Weekly Course Outline
Week 1 INTRODUCTION
Week 2 UNDERSTANDING THE LIMITS OF TORT LIABILITY AND CRIMINAL LIABILITY IN

Week 3 ENVIRONMENTAL CONCERNS
Week 4
Week 5 WRIT REMEDIES AND THE NATIONAL GREEN TRIBUNAL
Week 6
Week 7
STAUTORY REGIMES REGULATING RISK
Week 8
Week 9
LAND REGUALTION – FOREST & WILDLIFE
Week 10
Week 11
TRANSNATIONAL MARKETS, CORPORATE LAW, AND ENVIRONMENTAL PROBLEMS
Week 12
Week 13
SUSTAINABILITY & CLIMATE CHANGE
Week 14
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Week 15 REVIEW
b. Readings
Books (available in the JGU library)

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

1. Water (Prevention and Control of Pollution) Act, 1974
2. Air (Prevention and Control of Pollution) Act, 1981
3. Environmental Protection Act
4. Indian Forest Act, 1927
5. Forest (Conservation) Act, 1980
6. Forest Rights Act
7. Wildlife Protection Act, 1972
8. Prevention of Cruelty to Animals Act, 1960
9. National Green Tribunal Act, 2010
* UNIVERSAL PUBLISHES A BOUND VOLUME OF ALL MAJOR ENVIRONMENTAL LEGISLATIONS (ensure there are
no comments in the Bare Act)
WEEK 1
INTRODUCTION
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Understanding various ethical paradigms on environment and to discuss the popular practice of anthropocentrism. Is it
possible to find a practice that best suits the aspirations of humankind vis-à-vis the current path? Will granting legal
personhood to natural entities solve our concerns? We will also discuss the development of environmental law and
practice in India.
RECOMMENDED READINGS
1. John Alder and Wilkinson, Environmental Law and Ethics, Macmillan Law Masters (Chapter 2; Main ethical
approaches)
2. Sanja Bogojevic and Rosemary Rayfuse, Environmental Rights in Europe and Beyond: Setting the Scene, Swedish
Studies in European Law (Chapter 1).
3. Mohd. Salim v. State of Uttarakhand & Ors, 2017 SCC OnLine SC 291, 29-03-2017 (giving personhood to rivers)
4. Animal Welfare Board Of India vs A. Nagaraja & Ors, (2014) 7 SCC 547
SUGGESTED READINGS
1. Crutzen, Paul J. “The ‘Anthropocene.’” In Earth System Science in the Anthropocene, edited by Eckart Ehlers and
Thomas Krafft, 13–18. Berlin, Heidelberg: Springer Berlin Heidelberg, 2006.
2. Gadgil, Madhav, and Ramachandra Guha. “Ecological Conflicts and the Environmental Movement in India.”
Development and Change 25, no. 1 (1994): 101–36.
WEEK 2 – 3
UNDERSTANDING THE LIMITS OF TORT LIABILITY AND CRIMINAL LIABILITY IN ENVIRONMENTAL
CONCERNS
In these weeks we will strive to understand the tortious liability (nuisance, negligence, trespass, strict liability and absolute
liability), criminal liability (Sections 133 - 144 of the Cr. P.C.) and briefly discuss class action in CPC. The landmark
decision of the Bhopal Gas Tragedy and the State’s representation of the victims will be discussed.
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1. Municipal Council, Ratlam v Vardichand (1980-SC)

2. Union Carbide Corporation vs Union Of India, AIR 1992 SC 248
3. M.C. Mehta v. Union of India (Air 1987 SC 1086) – Oleum Gas Leak Case
4. State of Madhya Pradesh v. Warren Anderson and Others http://www.ielrc.org/content/c1004.pdf
5. Social Justice , 2014, Vol. 41, No. 1/2 (135-136), Special Issue: Bhopal and After: The Chemical Industry as Toxic
Capitalism (2014), pp. 53-79
SUGGESTED READINGS
1. B. Venkatappa v B Lovis (1986 – AP HC)

2. State of Madhya Pradesh v Kedia Leather and Liquor Ltd (2003) 7 SCC 389
3. Deepak Nitrite Ltd vs State Of Gujarat & Ors (2004 AIR SCW 3285)
4. Ram Baij Singh v Babulal (1982 - Allahabad)
ADVANCED READINGS
1. Baxi, Upendra, and Amita Dhanda, eds. Valiant Victims and Lethal Litigations: The Bhopal Case. Indian Law
Institute and N.M. Tripathi, 1990. (Introduction)
2. Krishnan, Jayanth K., "Bhopal in the Federal Courts: How Indian Victims Failed to Get Justice" (2020). Articles by
Maurer Faculty. 2945, https://www.repository.law.indiana.edu/facpub/2945
WEEK 4-6
WRIT REMEDY AND THE NATIONAL GREEN TRIBUNAL
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The increased use of writs as a means of redressal in environmental matters and the subsequent evolution of
environmental jurisprudence with significant contributions by the Supreme Court will be addressed.
I. PUBLIC INTEREST LITIGATION

1. Rajamani, Lavanya. “The Right to Environmental Protection in India: Many a Slip between the Cup and the Lip?”
Review of European Community & International Environmental Law 16, no. 3 (December 1, 2007): 274–86.
2. Bhushan, P (2004): “Supreme Court and PIL”, Economic & Political Weekly, Vol 39, No 18, pp 1770-74.
3. Sahu, G (2008): “Implications of Indian Supreme Court’s Innovations for Environmental Jurisprudence”, Journal
of Law, Environment and Development, No 4/1.
4. Nupur Chowdhury (2014) Environmental risk regulation and the Indian Supreme Court: an exercise in de-
formalization of the law?, Journal of Risk Research, 17:1, 61-80, DOI: 10.1080/13669877.2013.822918
5. Prashad, Garima, Indian Judicial Activism on the 'Right to Environment': Adjudication & Locus Standi (June 29,
2018). Available at SSRN: https://ssrn.com/abstract=3391846 or http://dx.doi.org/10.2139/ssrn.339184
Recommended Cases
1. M.C. Mehta v. Union of India, AIR 1988 SC 1037 (Kanpur Tanneries Case)
2. Sachidanand Pandey v State of West Bengal, AIR 1987 SC 1109
3. Rural Litigation and Entitlement Kendra v State of UP, AIR 1982 SC 652
4. M/s Abhilash Textiles v Rajkot Municipal Corporation, AIR 1988 Guj. 57
1. Subhash Kumar v State of Bihar, AIR 1991 SC 420
2. Fisher, Elizabeth. “Expert Executive Power, Administrative Constitutionalism and Co-Production: Why They
Matter.” In Regulating Risks in the European Union : The Co-Production of Expert and Executive Power. Hart
Publishing, 2017. https://doi.org/10.5040/9781509912650.
3. Rajamani, L. “Public Interest Environmental Litigation in India: Exploring Issues of Access, Participation, Equity,
Effectiveness and Sustainability.” Journal of Environmental Law 19, no. 3 (August 9, 2007): 293–321.
https://doi.org/10.1093/jel/eqm020.
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4. Baxi, U (1997): “Judicial Activism: Usurpation or Re-Democratisation?”, Social Action, Vol 47, No 4
II.
ENVIRONMENTAL PRINCIPLES
POLLUTER PAYS, PRECAUTIONARY PRINCIPLE, PUBLIC TRUST DOCTRINE, SUSTAINABLE DEVELOPMENT
1. M C Mehta v Kamal Nath, (1997) 1 SCC 388

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

1. Armin Rosencranz and Geetanjoy Sahu, Assessing the National Green Tribunal after Four Years, (2015) 5 Journal
of Indian Law and Society, pp. 191-200.
2. Swapan Patra and V. Krishna, Role of Green Tribunals in India, Indian Journal of Geo Marine Science, (2015) Vol.
44(4), April, pp. 445-453.
3. Prafulla Samantra and Anr. v. Union of India and Ors. (POSCO Case).
4. M/S. Sterlite Industries (India) v. The Chairman, Tamil Nadu Pollution State Control Board and Ors. (Sterlite
Case).
SUGGESTED READINGS
1. Municipal Corporation of Greater Mumbai v. Ankita Sinha and other and connected cases, LL 2021 SC 549
(Available at: https://www.livelaw.in/top-stories/ngt-powers-not-adjudicatory-forum-inquisitorial-functions-
supreme-court-justice-hrishikesh-roy-183467)
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2. Municipal Corporation of Greater Mumbai v. Ankita Sinha and other and connected cases, LL 2021 SC 549
(National Green Tribunal Is Vested With Suo Motu Jurisdiction, Declares Supreme Court (Available at:
https://www.livelaw.in/top-stories/ngt-suo-motu-jurisdiction-supreme-court-national-green-tribunal-suo-motu-
powers-letters-media-reports-183291).
ADVANCED READINGS
1. Asimow, Michael. “Five Models of Administrative Adjudication.” The American Journal of Comparative Law 63, no.
1 (January 1, 2015): 3–32. https://doi.org/10.5131/AJCL.2015.0001.
2. Gill, G. (2016). Environmental Justice in India: The National Green Tribunal and Expert Members. Transnational
Environmental Law, 5(1), 175-205. doi:10.1017/S2047102515000278
WEEK 7-8
STAUTORY REGIMES REGULATING RISK
Law and policy of regulation environmental risks as per Air, Water and Environmental Protection Acts. A. We will also
discuss the EIA and CRZ norms, its significance and case laws.
I. WATER POLLUTION
1. M/s Delhi Bottling Co. Pvt. Ltd. v Central Board for the Prevention and Control of Water Pollution, AIR 1986 Del.
152
2. Stella Silks vs. State of Karnataka, AIR 2001 Kant 219
3. Narula Dyeing & Printing Works vs. Union of India, AIR 1995 Guj 185
SUGGESTED READINGS
4. M C Mehta v Union of India, AIR 1988 SC 1037 (Kanpur Tanneries Case)

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

7. M. C. Mehta v. Union of India, (2015) 12 SCC 764
II. AIR POLLUTION

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

2. M C Mehta v Union of India, AIR 2002 SC 1696 (CNG Vehicles Case)
SUGGESTED READINGS
3. Murli S. Deora v Union of India, AIR 2002 SC 40
4. Forum, Prevention of Environmental & Sound Pollution v Union of India, AIR 2005 SC 3136
5. Orissa State Prevention and Control of Pollution Board v M/s Orient Paper Mills, AIR 2003 SC 1966
6. Church of God (Full Gospel) in India v KKR Majestic Colony Welfare Association, AIR 2000 SC 2773
7. Sirikoti Narayana Rao And Ors. vs A.P. Pollution Control Board 2007 SCC OnLine AP 133.
8. V.S. Damodaran Nair And Anr. vs State Of Kerala 1995 SCC OnLine Ker 83
9. J.C. Patil v. Union of India MANU/GT/0141/2015.
III. CONCEPTUAL/POLICY QUESTIONS ON EXPERTISE AND ENVIRONMENTAL REGULATION
1. Sahu, Geetanjoy. “Environmental Regulatory Authorities in India: An Assessment of State Pollution Control
Boards.” Mumbia: Tata Institute of Social Sciences, 2013.
2. ON THE QUEST FOR GREEN COURTS IN INDIA by Bharat H. Desai* and Balraj Sidhu at
https://www.nycourts.gov/court-innovation/Winter-2010/jciDesai.pdf
SUGGESTED READINGS
3. AP Pollution Control Board v. M V Nayadu (1999)2SCC718

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IV. REGULATORY REGIMES UNDER THE ENVIRONMENT PROTECTION ACT

A. Environmental Impact Assessments
1. Utkarsh Mandal v. Union of India https://indiankanoon.org/doc/188721650/
2. Samarth Trust A Registered Trust v. Union of India MANU/DE/1129/2010
3. Hanuman Laxman Aroskar and Ors. v. Union of India and Ors.(2019)15 SCC 401(Goa airport case I)
4. Hanuman Laxman Aroskar v. Union of India and Ors, (2020) 12 SCC 1.( (Goa airport case II))
5. Jamwal, K and Charu Sharma, “The curious case of “violation”: deconstructing the procedure under the Draft
Environmental Impact Assessment Notification 2020”, 2021, Indian law Review, 1-11 available at
https://doi.org/10.1080/24730580.2021.1992576
6. EIA notifications
SUGGESTED READINGS
1. Ghosh, Shibani. “Demystifying the Environmental Clearance Process in India – NUJS Law Review.” NUJS L. Rev 6
(2013): 433.
2. ADITHYA PRADYUMNA, Health Aspects of the Environmental Impact Assessment Process in India Economic and
Political Weekly, Vol. 50, No. 8 (FEBRUARY 21, 2015), pp. 57-64
3. Philippe Cullet , Sardar Sarovar Judgment and Human Rights , Economic and Political Weekly , May 5-11, 2001,
Vol. 36, No. 18 (May 5-11, 2001), pp. 1503-1504
4. Narmada Bachao Andolan v. Union of India and Ors., (2000) 10 SCC 664.
OR
B. Coastal Regulation Zoning
1. CRZ Notifications
2. Kohli, Kanchi, Manju Menon, Meenakshi Kapoor, Preeti Venkatram, and Satnam Kaur. “CZMAs and Coastal
19
Environments: Two Decades of Regulating Land Use Change on India’s Coastline | Centre for Policy Research.”
New Delhi: Center for Policy Research, 2015. https://www.cprindia.org/research/reports/czmas-and-coastal-
environments-two-decades-regulating-land-use-change-india%E2%80%99s.
3. Worli Koliwada Nakhwa v. Municipal Corporation of Greater Mumbai
https://www.livelaw.in/pdf_upload/pdf_upload-362244.pdf
WEEK 9-10
LAND REGUALTION – FOREST & WILDLIFE
I. FOREST
1. Indian Forest Act, 1927

2. Forest Conservation Act, 1980
3. Forest Rights Act, 2006
4. Guha, Ramachandra. “An Early Environmental Debate: The Making of the 1878 Forest Act.” The Indian Economic
& Social History Review 27, no. 1 (March 1, 1990): 65–84. https://doi.org/10.1177/001946469002700103.
5. T N Godavarman Thirumulkpad v Union of India, AIR 1998 SC 769, AIR 2005 SC 4256
6. Orrisa Mining Corporation v. Ministry of Environment and Forests [2013] 6 S.C.R. 881
7. K M Chinappa v Union of India, AIR 2003 SC 724
8. UOI vs. Kamath Holiday Resorts, AIR 2006 SC 1040
9. Samatha v. State of Andhra https://indiankanoon.org/doc/1969682/
Video:
10. Forest Man of India – Documentary, https://www.youtube.com/watch?v=HkZDSqyE1do&t=29s
II. WILDLIFE PROTECTION

1. The Wildlife (Protection) Act, 1972

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2. Prevention of Cruelty to Animals Act, 1960

3. Indian Handicrafts Emporium v Union of India, AIR 2003 SC 3240
4. Wildlife Protection Amendment Act, 2022, Available at:
https://prsindia.org/files/bills_acts/acts_parliament/2022/The%20Wild%20Life%20(Protection)
%20Amendment%20Act,%202022.pdf.
5. Aathira Perinchery, ‘Why the Environment Ministry’s Proposed Changes to Wildlife Act Will Weaken it’ (The Wire,
20 Jan 2022) <https://thewire.in/environment/why-the-environment-ministrys-proposed-changes-to-wildlife-
act-will-weaken-it>.
6. CR Bijoy, ‘The underbelly of the Forest Conservation (Amendment) Bill 2023’ (Mongabay, 7 April 2023)
<https://india.mongabay.com/2023/04/commentary-the-underbelly-of-the-forest-conservation-amendment-bill-
2023/>
SUGGESTED READINGS
1. Brian Favre, “Is there a need for a new, an ecological, understanding of legal animal rights?,” Journal of Human
Rights and the Environment, Vol. 11 No. 2, September 2020, pp. 297–319
2. Animal and Environment Legal Defence Fund v Union of India, AIR 1997 SC 1071
3. Navin M Raheja v Union of India, (2001) 9 SCC 762
4. Chief Forest Conservator, Wildlife v Nisar Khan, AIR 2003 SC 1867
5. Centre for Environmental Law WWF-I v Union of India, AIR 1999 SC 354
6. State of Bihar v. Murad Ali Khan (1988) 4 SCC 655
7. Balram Kumawat v. UOI, AIR 2003 SC 3268
VIDEOS
1. How far should we go to stop poaching, BBC https://youtu.be/2EdfVvK1Ft0
2. Hampi – Valley of the Kings – short documentary about wildlife conservation in India,
https://www.youtube.com/watch?v=wZoJx16o15s
3. In Depth – Endangered Species, https://www.youtube.com/watch?v=H8cE8I7iMok
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WEEK 11 & 12
TRANSNATIONAL MARKETS, CORPORATE LAW, AND ENVIRONMENTAL PROBLEMS
I. UNDERSTANDING TRANSNATIONAL MARKETS AND CORPORATE LEGAL RESPONSIBILITY
1. Heyvaert, V., & Duvic-Paoli, L-A. (2020). The Meanings of Transnational Environmental Law. In V. Heyvaert, & L-
A. Duvic-Paoli (Eds.), Research Handbook on Transnational Environmental Law Edward Elgar.
2. Camelia Dewan, ‘Living with Toxic Development: Shipbreaking in the Industrialising Zone of Sitakunda,
Bangladesh’ (2020) 36(6) Anthropology Today
3. Carrie Bradshaw, ‘Corporate Liability for Toxic Torts Abroad: Vedanta v Lungowe in the Supreme Court’ (2020)
JEL 32, 139-150
II. ROLE OF THE CORPORATION AND CORPORATE LAW IN ADDRESSING ENVIRONMENTAL PROBLEMS
1. Sarah E Light, ‘The Law of the Corporation as Environmental Law’ (2019) 71 Stanford Law Review 137.
2. Section 135, Companies Act 2013 (Corporate Social Responsibility)
3. Section 166, Companies Act 2013 (Directors Duties)
4. SEBI Circular SEBI/HO/CFD/CMD-2/P/CIR/2021/562, Business Responsibility and Sustainability Reporting by
Listed Entities (May 10, 2021).
III. ON ENVIRONMENTAL, SOCIAL, AND CORPORATE GOVERNANCE (ESG)
22
1. Bruner, Christopher M., The Corporation as Technology: Re-Calibrating Corporate Governance for a Sustainable
Future (April 18, 2022). Oxford University Press, 2022 (Introduction only).
2. Umakanth Varottil, The Regulatory Progression of ESG in India (IndiaCorpLaw, 14 Jan 2023) <
https://indiacorplaw.in/2023/01/the-regulatory-progression-of-esg-in-india.html>
3. Mikko Rajavuori, Annalisa Savaresi, and Harro van Asselt, ‘New Avenues for Corporate Climate Accountability’
(Oxford Business Law Blog, 2 May 2023) (further reading).
WEEK 13-14
SUSTAINABILITY & CLIMATE CHANGE
We hope to understand the basic international environmental norms and the generally understand the internal
environmental regime. There will be an analysis of the existing climate change policy and discussion of North- South
divide the international environmental law and policy regime (with emphasized focus on climate change). We will also
take a brief note of lessons learnt in the pandemic vis-à-vis climate change.
I. FOUNDATIONS OF SUSTAINABLE DEVELOPMENT
1. SDGs, https://sdgs.un.org/goals
2. Darrel Moellendorf, The Right to Sustainable Development, in The Moral Challenge of Dangerous Climate Change:
Values, Poverty, and Policy 123–151 (2014).
3. Christina Voigt, The Principle of Sustainable Development: Integration and Ecological Integrity, in Rule of Law for
Nature: New Dimensions and Ideas in Environmental Law 146–157 (Christina Voigt ed., 2013).
II. OVERVIEW OF INTERNATIONAL ENVIRONMENTAL NORMS
23
1. State Responsibility of Transboundary Harm

2. Common but Differentiated Responsibility
3. Sustainable Development
4. Trail smelter case (United States, Canada) 1938
5. GabcikovoNagymaros Project (Hungary v Slovakia) [1997] ICJ Rep. 7.)
6. Legality of the Threat or Use of Nuclear Weapons (Advisory Opinion of ICJ on 8 July 1996) (suggested reading).
III. CLIMATE CHANGE
1. The Paris Agreement, 2015

2. UNFCCC, Nationally Determined Contributions Registry
3. UNFCCC, Updated synthesis report on the aggregate effect of INDCs (2016)
4. Bodansky, Brunnée and Rajamani, International Climate Change Law (2017) Chapter 7
5. COP 27, https://unfccc.int/event/cop-27
SUGGESTED READINGS
1. Outcomes of the UN Climate Change Conference in Bonn (C2ES, 2017)

2. Rajamani, The US and the Paris Agreement: In or Out and At What Cost, EJIL Talk, 10 May 2017
3. Rajamani, Reflections on the US withdrawal from the Paris Agreement, EJIL Talk, 5 June 2017
4. Dubash, Navroz K., Radhika Khosla, Ulka Kelkar, and Sharachchandra Lele. “India and Climate Change: Evolving
Ideas and Increasing Policy Engagement.” Annual Review of Environment and Resources 43, no. 1 (2018): 395–
424.
5. Dipesh Chakrabarty, The Politics of Climate Change is More Than the Politics of Capitalism
6. David Klenert, Franziska Funke, Linus Mattauch & Brian O’Callaghan, ‘Five Lessons from COVID-19 for Advancing
Climate Change Mitigation’, Environmental and Resource Economics 75:751–778(2020)
24
7. Sumudu Atapattu, Significance of International Environmental Law Principles in Reinforcing or Dismantling the
North–South Divide
8. Iacobuta, Gabriela, Navroz K. Dubash, Prabhat Upadhyaya, Mekdelawit Deribe, and Niklas Höhne. “National
Climate Change Mitigation Legislation, Strategy and Targets: A Global Update.” Climate Policy 18, no. 9 (October
21, 2018): 1114–32.
Week 15: REVIEW
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2023 Environment Law Course Manual

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2023 Environment Law Course Manual

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COURSE MANUAL

Maneka Nair Sastharam

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

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

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

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

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

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

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

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

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

General information on, Environmental Law Course offered by Jindal

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

COURSE TITLE: Environmental Law

COURSE CODE: L-CT-0020

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

NUMBER OF CREDIT UNITS: 4

LEVEL: LLB 2021

MEDIUM OF INSTRUCTION: ENGLISH

At the end of the course, the students will be able to:

 Develop an understanding of the private law and public law aspects of

 Explore the evolution of international environmental law and its impact on

C. INTENDED LEARNING OUTCOMES

Research and Writing

D. GRADING OF STUDENT ACHIEVEMENT

F. COURSE & CLASS POLICIES

CELL PHONES, LAPTOPS AND SIMILAR GADGETS

ACADEMIC INTEGRITY AND PLAGIARISM

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

DISABILITY SUPPORT AND ACCOMMODATION REQUIREMENTS

All general queries are to be addressed to disabilitysupportcommittee@jgu.edu.in

SAFE SPACE PLEDGE

WEEKLY COURSE OUTLINE AND READINGS

a. Weekly Course Outline

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

Week 5 WRIT REMEDIES AND THE NATIONAL GREEN TRIBUNAL

Books (available in the JGU library)

Statutes (HARD COPY MANDATORY)

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

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

I. PUBLIC INTEREST LITIGATION

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

III. THE NATIONAL GREEN TRIBUNAL ACT

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

6. Municipal Council, Ratlam v Vardichand, AIR 1980 SC 1622

II. AIR POLLUTION

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

III. CONCEPTUAL/POLICY QUESTIONS ON EXPERTISE AND ENVIRONMENTAL REGULATION

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

IV. REGULATORY REGIMES UNDER THE ENVIRONMENT PROTECTION ACT

1. Indian Forest Act, 1927

II. WILDLIFE PROTECTION

1. The Wildlife (Protection) Act, 1972

2. Prevention of Cruelty to Animals Act, 1960

I. UNDERSTANDING TRANSNATIONAL MARKETS AND CORPORATE LEGAL RESPONSIBILITY

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

I. FOUNDATIONS OF SUSTAINABLE DEVELOPMENT

II. OVERVIEW OF INTERNATIONAL ENVIRONMENTAL NORMS

1. State Responsibility of Transboundary Harm

III. CLIMATE CHANGE

1. The Paris Agreement, 2015

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

Week 15: REVIEW