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    Chanakya National Law University, Patna: Environmental Law (Semester Vii) (Academic Year 2020-21)

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    abhishek kumar
    The document outlines the course on Environmental Law offered at Chanakya National Law University. The 10-module course aims to provide students with an understanding of major environmental statutes and principles of environmental protection. It will examine how law can be used to protect health and natural resources. Key topics include introduction to environmental laws, judicial remedies, sustainable development principles, international environmental agreements, laws governing water pollution, air pollution, environment protection, and issues like waste management. Students will study important case laws and legislations on environmental protection.

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    Chanakya National Law University, Patna: Environmental Law (Semester Vii) (Academic Year 2020-21)

    Uploaded by

    abhishek kumar
    70 views5 pages
    The document outlines the course on Environmental Law offered at Chanakya National Law University. The 10-module course aims to provide students with an understanding of major environmental statutes and principles of environmental protection. It will examine how law can be used to protect health and natural resources. Key topics include introduction to environmental laws, judicial remedies, sustainable development principles, international environmental agreements, laws governing water pollution, air pollution, environment protection, and issues like waste management. Students will study important case laws and legislations on environmental protection.

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    The document outlines the course on Environmental Law offered at Chanakya National Law University. The 10-module course aims to provide students with an understanding of major environmental statutes and principles of environmental protection. It will examine how law can be used to protect health and natural resources. Key topics include introduction to environmental laws, judicial remedies, sustainable development principles, international environmental agreements, laws governing water pollution, air pollution, environment protection, and issues like waste management. Students will study important case laws and legislations on environmental protection.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    70 views5 pages

    Chanakya National Law University, Patna: Environmental Law (Semester Vii) (Academic Year 2020-21)

    Uploaded by

    abhishek kumar
    The document outlines the course on Environmental Law offered at Chanakya National Law University. The 10-module course aims to provide students with an understanding of major environmental statutes and principles of environmental protection. It will examine how law can be used to protect health and natural resources. Key topics include introduction to environmental laws, judicial remedies, sustainable development principles, international environmental agreements, laws governing water pollution, air pollution, environment protection, and issues like waste management. Students will study important case laws and legislations on environmental protection.

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    CHANAKYA NATIONAL LAW UNIVERSITY, PATNA

    ENVIRONMENTAL LAW (Semester VII)


    (Academic Year 2020-21)

    Course Outline
    Objective:

    In the last few decades, environmental degradation has become a ‘common concern’ for
    humankind. The unrestricted and mindless economic growth has started to display destructive
    effects on planet earth. Environmental law is concerned with the law relating to the protection of
    the environment and includes areas such as climate change, nature conservation and
    environmental impact assessment.

    This course will provide students with an understanding of the major environmental statutes and
    the constitutional law and common law principles that are relevant to environmental protection.
    The course will take into consideration the socio-political circumstance that environmental law
    operates in and it will also explore the complex and ever-expanding case law and legislation on
    the subject. Students will examine how law can be used to develop a cleaner, safer and more
    stable economy to protect the health and the natural resources of present and future generations.

    Module – I

    Introduction to Environmental Laws [6 Lectures]

    a) Environment – Meaning and Scope


    b) Pollution – Air, Water, Environmental - Meaning, Causes and Effects
    c) Dimensions and Magnitude of the Problem of Environmental Degradation and the need
    for Legal Control of Pollution
    d) International and National Efforts for Environmental Protection
    e) Constitution of India and Environment
    f) Environmental Policy Resolution, Objects and Schemes

    Module – II
    Judicial Remedies and Procedures [8 Lectures]

    a) Law of Tort and Environment


    b) Law of Crimes and Environment
    c) Public Interest Litigation and Environmental Protection
    d) The Bhopal Gas Leak Case
    e) National Green Tribunal

    1
    Module – III
    Sustainable Development and Basic Environmental Principles [8 Lectures]
    a) Concept and Scope
    b) Precautionary Principle
    c) Polluter Pays Principle
    d) Intergenerational Equity
    e) Intragenerational Equity
    f) Public Trust Doctrine
    g) Public Participation in Environmental Decision Making

    Module – IV

    International Concern for Environment Protection [7 Lectures]


    a) Stockholm Declaration of 1972
    b) Earth Summit: The Rio-Declaration on Environment and Development, 1992
    c) Convention on Biological Diversity, 1992
    d) UN Framework Convention on Climate Change, 1992
    e) Kyoto Protocol 1997
    f) Aarhus Convention, 1998
    g) Cartagena Protocol on Biosafety, 2000
    h) World Summit on Sustainable Development, 2002
    i) Nagoya Protocol on Access and Benefit Sharing, 2010
    j) United Nations Conference on Sustainable Development (UNCSD), Rio 2012 (Rio+20)
    k) United Nations Conference on Climate Change, Paris 2015

    Module– V
    The Water (Prevention and Control of Pollution) Act, 1974 [5 Lectures]
    a) Salient Features of the Act
    b) Pollution Control Boards and their Functions
    c) Mechanism to Control the Pollution with reference to Sampling, Consent Mechanism
    and power to give directions
    d) Procedure and Penalties

    Module– VI
    The Air (Prevention and Control of Pollution) Act, 1981 [5 Lectures]
    a) Salient Features of the Act
    b) Pollution Control Boards and their Functions
    c) Mechanism to Control the Pollution with reference to Sampling, Consent Mechanism and
    Power to give directions
    d) Procedure and Penalties

    2
    Module– VII
    The Environment Protection Act, 1986 [6 Lectures]
    (a) Salient Features of the Act
    (b) Definitions
    (c) Central Government’s powers to take Environmental Measures.
    (d) Mechanism to Control the Pollution
    (e) Procedure and Penalties
    (f) Environmental Impact Assessment
    (g) Regulation of Hazardous Substances

    Module– VIII
    Control of Noise Pollution [3 Lectures]
    a) Effects of Noise on Human Health
    b) Legal Measures to Control Noise Pollution

    Module–IX
    Forests, Wildlife and Biodiversity Conservation [7 Lectures]
    a) Indian Forest Act, 1927
    b) Wildlife Protection Act, 1972
    c) The Forest (Conservation) Act, 1980
    d) The Biological Diversity Act, 2002
    e) The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest
    Rights) Act, 2006

    Module–X
    Contemporary Issues Pertaining to Environment [5 Lectures]
    a) Urbanisation
    b) Waste Management
    c) Disaster Management
    d) Wetland Conservation
    e) Groundwater Conservation
    f) Protection of Coastal Zones
    g) Trade, Investment and Challenges to Sustainable Development

    3
    Essential Case Law:

     Indian Council for Enviro-Legal Action v. Union of India, AIR 1996 SC 1446 (Bichhri
    Village case)
     Vellore Citizens’ Welfare Forum v. Union of India, AIR 1996 SC 2715
     A.P. Pollution Control Board v. M.V. Nayudu, AIR 1999 SC 812
     Narmada Bachao Andolan v. Union of India, AIR 2000 SC 3751
     T.N. Godavarman Thirumulkpad v. Union of India, AIR 2005 SC 4256
     Subash Kumar v. State of Bihar, AIR 1991 SC 420
     Rural Litigation and Entitlement Kendra v. State of U.P., AIR 1982 SC 652 (Dehradun-
    Mussorie Hills quarrying case)
     M.C. Mehta v. Union of India, AIR 1997 SC 734 (Taj Trapezium case)
     M.C. Mehta v. Kamal Nath (1997) 1 SCC 388
     Sachidanand Pandey v. State of West Bengal, AIR 1987 SC 1109
     Tarun Bharat Sangh v. Union of India, AIR 1992 SC 514 (Sariska Case)
     M/s. Abhilash Textiles v. Rajkot Municipal Corpn, AIR 1988 Guj. 57
     M.C. Mehta v. Union of India, AIR 1988 SC 1037 (Kanpur Tanneries case)
     M.C. Mehta v. Union of India, AIR 1988 SC 1115 (Municipalities case)
     M/s. Delhi Bottling Co. Pvt. Ltd. v. Central Board for the Prevention and Control of
    Water Pollution, AIR 1986 Del. 152
     Municipal Council, Ratlam v. Vardichand, AIR 1980 SC 1622
     M.C. Mehta v. Union of India, AIR 2002 SC 1696 (CNG Vehicles case)
     Orissa State Prevention and Control of Pollution Board v. M/s. Orient Paper Mills, AIR
    2003 SC 1966
     Church of God (Full Gospel) in India v. K.K.R. Majestic Colony Welfare Association,
    AIR 2000 SC 2773
     S. Jagannath v. Union of India, AIR 1997 SC 811 (Shrimp Culture case)
     M.C. Mehta v. Union of India, AIR 1987 SC 965 (Oleum Gas Leakage)
     Union of India v. Union Carbide Corporation, AIR 1990 SC 273; AIR 1992 SC 248
     Charan Lal Sahu v. Union of India, AIR 1991 SC 1480
     Moulana Mufti Syed Md. Noorur Rehman Barkati v. State of W.B., AIR 1999 Cal 15
     Vijayanagar Educational Trust v. KSPCB, AIR 2002 Kar 123
     Trail Smelter Arbitration (United State/Canada), 3 U.N. Rep. Int’l Arb Awards 1905
    (1941)

    Prescribed Legislations:
     The Water (Prevention and Control of Pollution) Act, 1974
     The Air (Prevention and Control of Pollution) Act, 1981
     The Environment (Protection) Act, 1986
     The Public Liability Insurance Act, 1991
     The Biological Diversity Act, 2002
     The Wildlife (Protection) Act, 1972
     The Indian Forest Act, 1927
     The Forest (Conservation) Act, 1980
    4
     The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest
    Rights) Act, 2006.
     National Green Tribunal Act, 2010

    Suggested Readings:
     Shyam Divan & Armin Rosencranz: Environmental Law and Policy in India
     Stuart Bell & Donald McGillivray: Environmental Law
     Gurdip Singh : Environmental Law
     Sukanta K Nanda : Environmental Law
     S C Shastri : Environmental Law
     P. Leelakrishnan: Environmental Law in India
     P. Leelakrishnan: Environmental Law Case Book

    Important Note:
     The topics, legislations and cases mentioned above are not exhaustive. The teacher
    teaching the course shall be at liberty to add new topics/legislations/cases.
     The students are required to study the legislations as amended up-to-date and consult the
    latest editions of books.

    Course Teacher: Hrishikesh Manu


    Assistant Professor, CNLU

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