Retrospective Environmental Clearances in India: Overview & Issues

In May 2025, the Supreme Court of India struck down the 2017 notification and the 2021 office memorandum (OM) issued by the Central Government which provided for the grant of Environmental Clearances (EC), declaring them illegal.

What is Retrospective Environmental Clearances?

In India, Retrospective Environmental Clearances, also known as ex-post facto clearances, refer to the regularisation of projects that began construction or operations without obtaining mandatory prior environmental clearance (EC) under the Environment Impact Assessment (EIA) Notification, 2006.

What are the issues with Retrospective Environmental Clearances?

Retrospective (or ex-post facto) environmental clearances are considered problematic for several important reasons—legal, ....

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