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Bose Varghese

Mr. Varghese heads the Firm’s ESG Practice. Leading an integrated team of lawyers and ESG experts. Mr. Varghese advises and helps clients navigate the ESG space that is rapidly transforming under new regulations. He can be reached at bose.varghese@cyrilshroff.com

Vanashakti V. Union of India: Supreme Court Puts an End to Ex-Post Facto Environmental Clearances

CAM Comment: The Supreme Court’s landmark decision in Vanashakti v. Union of India categorically bars ex-post facto environmental clearances, signalling a decisive shift toward stricter, rule-based environmental governance in India. By striking down the 2017 Notification and 2021 Office Memorandum that enabled retrospective approvals, the Court has restored the primacy of ex-ante environmental scrutiny and constitutional accountability. This judgment has immediate and far-reaching compliance implications for businesses, regulators, and investors, making proactive environmental due diligence an operational and legal imperative.Continue Reading Vanashakti V. Union of India: Supreme Court Puts an End to Ex-Post Facto Environmental Clearances

Linear Projects No Longer Exempted Under EIA Notification

Introduction

On March 17, 2025, the Ministry of Environment, Forest and Climate Change (MoEF&CC) notified a pivotal amendment to India’s Environmental Impact Assessment (EIA) Notification, 2006. This amendment reversed a four-year-long exemption granted to certain excavation activities carried out for linear infrastructure projects, such as roads, pipelines, and transmission lines. The change introduces a new Appendix XIV to the EIA Notification, formally defining “linear projects” and setting out standard operating procedures (SOPs) and safeguards that must be followed when sourcing or borrowing “ordinary earth” for such works. The revised position replaces the controversial Item 6 of Appendix IX, which was introduced via the 2020 amendment and was later struck down by the Supreme Court of India.Continue Reading Linear Projects No Longer Exempted Under EIA Notification

Environmental Consent Process Made More Streamlined

Introduction

The Ministry of Environment, Forest and Climate Change (“MoEFCC”) issued two key guidelines on industrial consent under environmental laws — the Control of Air Pollution (Grant, Refusal or Cancellation of Consent) Guidelines, 2025, under the Air (Prevention and Control of Pollution) Act, 1981, and the Control of Water Pollution (Grant, Refusal or Cancellation of Consent) Guidelines, 2025, under the Water (Prevention and Control of Pollution) Act, 1974, on January 29 and 30, 2025. These guidelines establish a structured framework for granting, refusing, and cancelling consents for industries. By streamlining approvals, enforcing stricter compliance, and enhancing regulatory oversight, they promote transparency, accountability, and ease of doing business.Continue Reading Environmental Consent Process Made More Streamlined

Greenwashing - Drawing A Line Between Green Marketing or Green Misrepresentations

Greenwashing, inspired by the term “whitewashing,” is the practice of engaging in “unsubstantiated, false, deceptive, misleading environmental claims about products, services, processes, brands or operations as a whole, or claims that omit or hide information, to give the impression that they are less harmful or more beneficial to the environment than they actually are.”[1]Continue Reading Greenwashing – Drawing A Line Between Green Marketing or Green Misrepresentations