Harbingers of Change

Exploring Careers in Environmental Laws

Jyoti Tiwari

As we commemorate World Environment Day, it is crucial to acknowledge the pivotal role of environmental protection in shaping our future. Governments and NGOs globally are amplifying their efforts to safeguard our planet, recognising it as vital for sustainable development and human well-being. From pollution to climate change, environmental challenges span across borders, impacting communities world-wide. Hence, environmental preservation has become a top priority. Environmental Laws lead this charge, as nation states as well as international bodies require robust legal framework to regulate activities and mitigate harm. By addressing current challenges and preparing for future threats, Environmental Laws aim to balance development goals with ecological sustainability.

In India, Environmental Laws have witnessed significant evolution, encompassing diverse areas such as pollution control, wildlife conservation, climate change mitigation, and environmental impact assessment.

Environmental Laws in India

Amidst a global awakening to environmental concerns, India has undergone a profound transformation in its perception. Once viewed as a hurdle to economic progress, the environment is now revered as a vital ally. This shift, rooted deep in Indian culture, echoes through time, resonating in constitutional mandates, legislative measures, and policy frameworks.

Prior to India's independence in 1947, a nascent framework of environmental legislation existed, laying the groundwork for more comprehensive measures that followed in the wake of the UN Conference on the Human Environment in Stockholm in 1972. It was this landmark event that catalysed the establishment of the National Council for Environmental Policy and Planning, a precursor to the Ministry of Environment and Forests (MoEF) established in 1985. Subsequent constitutional amendments in 1976 entrenched environmental concerns within the fabric of Indian governance, elevating them to the realm of Directive Principles of State Policy and Fundamental Rights and Duties.

Since the 1970s, India has witnessed the proliferation of an extensive network of environmental legislation. Complementing legislative endeavours, the Policy Statement for Abatement of Pollution and the National Conservation Strategy and Policy Statement on Environment and Development have provided strategic direction. The formulation of the Environmental Action Programme in 1993 further underscored the government's commitment to integrating environmental considerations into development agendas.

The Constitution of India provisions for environmental protection under Article 48A and Article 51A(g). Article 48A states that the state shall endeavour to protect and improve the environment and safeguard the forests and wildlife of the country. Article 51A(g) makes it a fundamental duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers, and wildlife. India has enacted several environmental laws, such as the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981, the Environment (Protection) Act, 1986, the Wildlife Protection Act, 1972, and the Forest (Conservation) Act, 1980. These laws are enforced by various regulatory bodies such as the Central Pollution Control Board (CPCB), the State Pollution Control Boards (SPCBs), and the National Green Tribunal (NGT).

Beyond legislative and policy interventions, India has adopted a multi-pronged approach to safeguarding its environmental heritage. Sector-specific policies have been devised, each contributing to the broader tapestry of environmental protection and preservation.

Career Opportunities in Environmental Laws

Aspiring environmental lawyers have a plethora of opportunities awaiting them. From representing clients in environmental litigation to shaping environmental policies and advocating for sustainable practices, the career scope in Environmental Law is both lucrative and fulfilling. Degree holders can explore diverse career paths in government agencies, corporate sustainability departments, environmental consultancies, and non-profit organisations dedicated to environmental advocacy.

Moreover, pursuing Environmental Law offers several advantages, including affordability, diverse career options, and alignment with global trends. With top-notch institutions offering specialised programmes and a growing demand for environmental law professionals, now is an opportune time to embark on this rewarding career path.

Where to Study Environmental Laws in India?

Many universities and law colleges offer specialised courses in Environmental Law. The curriculum of Environmental Law courses equip students with the knowledge and skills needed to navigate complex environmental legal issues.

Here are some of the top colleges offering Environmental Law courses across various levels of education, based on their rankings in the National Institutional Ranking Framework (NIRF).

National Law School of India University, Bengaluru (NLSIU) 

Known for its excellence in legal education, NLSIU offers comprehensive programmes in Environmental Law at undergraduate and postgraduate levels, providing students with a strong foundation in environmental governance and legal principles.

National Law University, Delhi (NLU Delhi) 

NLU Delhi is renowned for its focus on interdisciplinary legal studies and offers specialised courses in Environmental Law, preparing students for careers in environmental litigation, policy analysis, and advocacy.

Nalsar University of Law, Hyderabad 

With a commitment to academic excellence and research, Nalsar University offers rigorous programmes in Environmental Law, emphasising practical learning experiences and exposure to real-world environmental challenges.

The West Bengal National University of Juridical Sciences, Kolkata (WBNUJS)

WBNUJS provides comprehensive education in Environmental Law, combining theoretical knowledge with practical training through moot court competitions, research projects, and internships.

Jamia Millia Islamia, Delhi 

Jamia Millia Islamia offers specialised courses in Environmental Law, equipping students with the skills and knowledge needed to address contemporary environmental issues through legal frameworks and policy interventions.

Symbiosis Law School, Pune

Symbiosis Law School is known for its innovative approach to legal education and offers interdisciplinary programmes in Environmental Law, fostering critical thinking and analytical skills among students.

Gujarat National Law University, Gandhinagar (GNLU)

GNLU provides specialised courses in Environmental Law, emphasising research and advocacy skills to address complex environmental challenges and contribute to sustainable development efforts.

Siksha 'O' Anusandhan University, Bhubaneswar

Siksha 'O' Anusandhan University offers comprehensive programmes in Environmental Law, integrating theoretical knowledge with practical experiences to prepare students for diverse career opportunities in the field.

Eligibility Criteria for Admission

Embarking on a journey in Environmental Law education requires a clear understanding of the eligibility criteria, which can vary from one programme to another and from one law school to another across India.

Eligibility for UG Courses: For degree and diploma courses at the undergraduate level, candidates typically need to have completed their Class 12 education from a recognised board with a minimum aggregate score ranging from 50% to 55%.

For certificate courses at the undergraduate level, candidates should have completed their Class 10 or Class 12 education from a recognised board.

Eligibility for PG Courses: At the postgraduate level, candidates aiming for degree and diploma courses in Environmental Law should possess an undergraduate law degree from a recognised university with a minimum aggregate score ranging from 45% to 55%.

Popular Entrance Exams

Admissions to Environmental Law courses in India often hinge on performance in standardised entrance exams. Some of the popular exams accepted by Environmental Law colleges include:

CLAT (Common Law Admission Test): Conducted by the Consortium of NLUs, CLAT is a national-level exam for admission to 5-year integrated LLB (UG) and one-year LLM (PG) courses. The consortium determines seat allocation based on CLAT reservation criteria.

CUET (Common University Entrance Test): CUET is an all-India level entrance exam conducted by the National Testing Agency (NTA). It serves as the gateway to UG courses offered across participating institutions. Originally conducted in a paper-pencil-based mode by the UGC, CUET now operates in a computer-based mode for a duration of two hours.

Popular Job Roles and Responsibilities

Environmental law professionals play a crucial role in addressing environmental issues, ensuring compliance with regulations, and advocating for environmental protection. Here are some of the top job profiles and their associated responsibilities:

Environmental Lawyer/ Attorney

·         Represents clients in legal matters related to environmental issues, including pollution, land use, conservation, and regulatory compliance.

·         Conducts research, analyse case law, and prepare legal documents such as briefs, pleadings, and contracts.

·         Advocates for clients in court proceedings, negotiations, and alternative dispute resolution processes.

·         Provides legal counsel to businesses, government agencies, non-profit organisations, and individuals on environmental matters.

Environmental Policy Analyst

·         Does research and analysis environmental policies, regulations, and legislation at the local, national, and international levels.

·         Assesses the environmental impact of proposed policies and regulations and reco-mmend strategies for improvement.

·         Collaborates with policymakers, stakeholders, and advocacy groups to develop and implement effective environmental policies and programmes.

·         Monitors and evaluate the implementation of environmental policies and propose revisions or amendments as needed.

Environmental Compliance Officer / Manager

·         Ensures that businesses, industries, and government agencies comply with environ-mental laws, regulations, and permits.

·         Conducts audits, inspections, and assessments to identify environmental compliance issues and risks.

·         Develops and implement environmental compliance programmes, policies, and procedures.

·         Coordinates with regulatory agencies, stakeholders, and internal departments to address compliance issues and mitigate environmental risks.

Sustainability Consultant

·         Advises businesses, organisations, and government agencies on sustainable practices and environmental management strategies.

·         Conducts environmental assessments, audits, and sustainability evaluations to identify opportunities for improvement.

·         Develops and implements sustainability initiatives, including energy efficiency, waste reduction, and carbon footprint reduction programmes.

·         Assists clients in achieving environmental certifications, such as LEED (Leadership in Energy and Environmental Design) or ISO 14001.

Environmental NGO Lawyer/ Advocate

·         Represents environmental non-profit organisations in legal proceedings, public hearings, and advocacy campaigns.

·         Drafts and review legal documents, including petitions, complaints, and amicus briefs, to support environmental causes.

·         Engages in public interest litigation to address environmental injustices, promote conservation efforts, and protect natural resources,

·         Collaborates with other NGOs, community groups, and stakeholders to advocate for environmental justice and sustainable development.

Environmental Impact Assessment (EIA) Consultant

·         Assesses the potential environmental impacts of proposed development projects, infra-structure initiatives, and land use activities.

·         Conducts environmental impact assessments in accordance with regulatory requirements and industry standards.

·         Identifies and evaluate potential environmental risks, hazards, and mitigation measures associated with project activities.

·         Prepares EIA reports, documentation, and recommendations for project stake-holders, regulatory agencies, and decision-makers.

These job profiles represent just a few of the diverse career opportunities available to environmental law professionals. Depending on their interests, expertise, and career goals, individuals in this field can make significant contributions to environmental protection, sustainability, and social justice.

These cases demonstrate how legal interventions have shaped India's environmental policies, safeguarded natural resources, and promoted sustainable development. They serve as reminders of the critical role that legal mechanisms including environmental lawyers play in environmental protection and conservation.

(The author is a web journalist. Feedback on this article can be sent to feedback.employmentnews@gmail.com.)

Views expressed are personal.

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Crucial Role of Environmental Laws

In the pursuit of sustainable development, the concept of environmental rule of law emerges as a fundamental pillar, intertwining environmental needs with principles of fairness, accountability, and justice. It establishes the framework for effective environmental gover-nance, ensuring that rights are respected, obligations are fulfilled, and actions are guided by universal moral values and ethical norms. Let's explore why the rule of law in environmental matters is vital for achieving equity and advancing Sustainable Development Goals (SDGs), ensuring fair access, and safeguarding socio-economic rights.

Promoting Equity Through SDGs: The Sustainable Development Goals (SDGs) serve as a roadmap for a more sustainable and equitable future. However, realising these goals necessitates robust legal frameworks and mechanisms to tackle environmental challenges effectively. Environmental rule of law ensures that laws are enacted, enforced, and adjudicated impartially, laying the groundwork for equitable access to resources and opportunities for all.

Ensuring Fair Access and Rights-Based Approach: At the core of environmental rule of law lies the assurance of fair access to resources and the protection of rights, particularly for marginalised communities. Upholding the rule of law in environmental matters ensures that decisions are made transparently, inclusively, and in alignment with international human rights standards. This approach safeguards vulnerable populations, including women and girls, from bearing disproportionate impacts of environmental degradation.

Protecting Socio-Economic Rights: Environmental degradation exacerbates poverty and social disparities, posing significant threats to socio-economic rights. Conflicts over natural resources further exacerbate these challenges, especially in conflict and post-conflict settings. Environmental rule of law provides a framework for sustainable resource management, transparent governance, and conflict resolution, thereby protecting socio-economic rights and fostering peace and justice.

Watershed Moments that Shaped India's Environmental Legal Framework

Vellore Citizens Welfare Forum v. Union of India (1996): In this landmark case, the Supreme Court of India emphasised the "polluter pays" principle. It held that industries causing environmental pollution must bear the cost of remediation and compensate affected communities. This decision strengthened environmental enforcement and accountability.

Taj Trapezium Case (2000): Concerned about the deteriorating condition of the Taj Mahal due to air pollution, the Supreme Court established the Taj Trapezium Zone (TTZ) around the monument. The court imposed strict regulations on industries, vehicular emissions, and construction activities within the TTZ to protect this iconic heritage site.

MC Mehta v. Union of India (1986): MC Mehta, an environmental activist, filed a petition against the pollution caused by hazardous industries in Delhi. The Supreme Court ordered the closure of polluting industries and mandated the use of cleaner technologies. This case set a precedent for environmental litigation in India.

Oleum Gas Leak Case (1987): The Bhopal gas tragedy, one of the world's worst industrial disasters, led to the leakage of methyl isocyanate gas from a Union Carbide pesticide plant. The legal battle sought compensation for victims and highlighted the need for stringent safety regulations and corporate accountability.

Forest Rights Act (2006): The Forest Rights Act recognised the rights of forest- dwelling communities, including tribal and indigenous groups, over forestland. It aimed to correct historical injustices and promote sustainable forest management. The act empowered local communities to protect their environment and traditional livelihoods.

Vedanta Mining Case (2013): The Supreme Court cancelled Vedanta Resources' bauxite mining project in Niyamgiri Hills, Odisha. The court upheld the rights of indigenous Dongria- Kondh tribes and their cultural and environmental concerns. This decision reinforced the importance of community con-sent in natural resource extraction.

Ganga Pollution Cases: Over the years, various legal battles have been fought to clean the Ganges River. The courts have issued directives to control industrial effluents, sewage discharge, and unauthorised constructions along the riverbanks. These cases highlight the ongoing struggle to restore the sacred Ganga to its pristine state.

Goa Mining Ban (2018): The Supreme Court suspended iron ore mining in Goa due to environmental violations. The ban aimed to protect fragile ecosystems, prevent illegal mining, and ensure sustainable resource use. It underscored the need for responsible mining practices.