Role Of Statutory Bodies Viz. National Green Tribunal, Pollution Control Boards

In Environmental Regulation

I. INTRODUCTION

Environmental regulation is a complex and multifaceted issue that requires a deep understanding of the intricate relationship between businesses, regulatory bodies, and the environment. It is imperative that businesses take their responsibilities seriously, and this necessitates effective enforcement of legislation by environmental regulators. The effectiveness of regulation is intricately linked to the level of compliance with the laws. In this regard, government bodies have a crucial role to play in ensuring the existence of national laws and policies, as well as the active involvement of enforcement agencies. The protection and nurturing of environmental management require significant involvement of human resource management provided they have a greener focus, as emphasized by Rothenberg. Furthermore, the crafting of regulations informed by credible, legitimate, and salient scientific assessments is crucial in meeting statutory mandates that prescribe actions and obligations to protect the public interest. These mandates are established through federal laws such as the Clean Air Act, the Occupational Safety and Health Act, and the Consumer Product Safety Act. Environmental regulation serves as the core means of national machinery to control environmental pollution and plays a vital role in consolidating the path of regional green development. It complements market governance by reducing environmental pollution through administrative control measures, such as limiting the amount of pollution discharged, setting discharge standards, and taxing pollution behaviours. Statutory bodies are an organisation of government which are not mentioned in the constitution and derived its powers from the act of the parliament or legislature. It deals with a specific subject. National green tribunal result of an act of parliament of India i.e. National Green Tribunal Act 2010 and established on 18.10.2010 for speedy and effective disposal of causes related to environment. In the same line Pollution Control Board is also established under the Water (Prevention and Control of Pollution) Act 1974. It is divided into central board and state board. [1] Statutory bodies play a crucial role in environmental regulation, with institutions like the National Green Tribunal (NGT) and Pollution Control Boards (PCBs) having specific responsibilities and functions.

II. NATIONAL GREEN TRIBUNAL (NGT)

NGT is a specialized body that handles cases related to environmental laws and natural resource management. It has the authority to hear and decide civil cases involving environmental issues.

Redressal of Grievances Individuals and communities affected by environmental degradation can approach the NGT to seek redressal and compensation. Environmental regulation, as mentioned, serves as a crucial mechanism in controlling environmental pollution, particularly in the context of high population growth and mass migration to unplanned urban developments. The threats posed to the environment and public health by under-regulated industrial pollution in large cities are clear and present, requiring a robust and coordinated response from regulatory bodies. The establishment of the Federal Environmental Protection Agency Act in 1988 represented a significant attempt to address the statutory responsibilities and duties of the government with regards to environmental management and protection. However, further research is necessary to evaluate the effectiveness of this act and subsequent regulations in achieving their intended goals. Understanding the intricate relationship between businesses, regulators, and the environment, and the critical role of statutory bodies, necessitates a deeper exploration into the compliance mechanisms and the balance between tariff and service quality in the private sector. This depth of analysis is essential in ensuring that the regulatory frameworks are effective and capable of addressing the diverse interests of the various stakeholders involved in environmental sanitation. Moreover, the regulatory and enforcement roles of government bodies are pivotal in moderating the behaviour and interaction among stakeholders, including service providers, users, and the government itself. This emphasizes the need for an informed and effective regulatory framework in achieving a balance between economic interests and environmental preservation. The NGT is a quasi-judicial body and has limited power. It has authority similar to law-enforcement agencies, but it is not like a normal court. The courts have the power to adjudicate all types of disputes, but NGT has the power of enforcing laws on administrative agencies. [2]

III. POLLUTION CONTROL BOARDS (PCBS)

Formulation and Implementation of Regulations-PCBs are responsible for formulating regulations and guidelines for the prevention and control of pollution. They set standards for emissions and effluents.

a) Monitoring Pollution Levels- PCBs monitor pollution levels in air, water, and soil to assess compliance with established standards. They conduct regular inspections of industries and other sources of pollution.

b) Granting and Revoking Permits-Industries need permits from PCBs to operate, and these boards have the authority to grant or revoke permits based on compliance with environmental norms.

c) Environmental Impact Assessment (EIA)- PCBs often play a role in assessing the potential environmental impact of new projects through the EIA process, ensuring that projects are environmentally sustainable.

The complexities of environmental regulation go beyond the mere existence of statutory laws and policies. It involves a deep evaluation of the practical application of these laws and the level of involvement of enforcement agencies and human resource management in ensuring effective environmental management. In fact, environmental regulation is not just about controlling pollution; it is also about fostering green innovation and sustainable development. One of the key ways in which environmental regulation promotes green innovation is through the influence it has on the behaviour of enterprises. Research has highlighted that environmental regulation policies impact green innovation behaviour by influencing human capital and encouraging the adoption of clean energy and green technology. The pressure of environmental regulation prompts enterprises to pay more attention to green innovation, consequently enhancing the level of green technology and production efficiency in their operations. Furthermore, environmental regulation serves as the main policy tool for the government to prevent pollution emissions, thus playing a critical role in achieving the sustainable development of the economy and the environment. By increasing the production cost of enterprises through levying pollutant discharge fees, environmental regulations encourage the reduction of high-polluting production factors and the adoption of clean energy, ultimately leading to a significant reduction in pollution emissions. Moreover, these regulations drive enterprises to engage in technological research and development, further improving the level of green technology and production efficiency. While local government competition can lead to local protectionism, making regional collaborative governance difficult, it is essential for environmental regulation to rely on the central government to avoid the "tragedy of the commons." Additionally, the power of the environmental protection agency to veto unreasonable licensing decisions of the state in accordance with environmental law is crucial in ensuring effective enforcement of environmental regulations. Environmental protection and sustainable development policies aim to improve the level of compliance with national and international environmental laws by firms. Therefore, the role of regulatory bodies in ensuring that businesses adhere to these laws cannot be overstated. In this light, the establishment and enforcement of robust environmental regulations by statutory bodies are pivotal in effectively moderating the behaviour and interaction among stakeholders, ultimately ensuring a balance between economic interests and environmental preservation.

IV. CONCLUSION

Taking a holistic view of the role and impact of environmental regulation, it is evident that statutory bodies such as the Federal Environmental Protection Agency and Pollution Control Boards play a crucial role in shaping and enforcing environmental policies. The complexities and interdependencies of environmental regulation, sustainable development, and green innovation emphasize the need for a comprehensive and integrated approach. Environmental regulation not only serves as a means to control pollution but also acts as a catalyst for green innovation and sustainable development. By influencing the behaviour of enterprises through policies that encourage the adoption of clean energy and green technology, environmental regulations can drive significant advancements in green technology and production efficiency. The collaborative governance between central and local governments is essential to overcome challenges such as local protectionism and ensure effective enforcement of environmental regulations. Moreover, the establishment and enforcement of robust environmental regulations are pivotal in moderating the behaviour and interaction among stakeholders, ultimately achieving a balance between economic interests and environmental preservation. As we move forward, it is imperative for statutory bodies and regulatory agencies to continue their efforts in evaluating the practical application and effectiveness of environmental regulations. This includes addressing challenges such as local protectionism, improving collaboration between central and local governments, and ensuring compliance with national and international environmental laws by firms. In conclusion, the future of environmental regulation and statutory bodies lies in their ability to adapt to the evolving landscape of environmental challenges, foster green innovation, and promote sustainable development. Only through concerted efforts and a comprehensive approach can we achieve the delicate balance between economic growth and environmental preservation.

V. REFERENCES

[1] Role Of Statutory Bodies Viz. National Green Tribunal, Pollution Control Boards In Environmental Regulation, available at: https://www.legalserviceindia.com/legal/article-3854-role-of-statutory-bodies-viz-national-green-tribunal-pollution-control-boards-in-environmental-regulation.html (last visited December 12, 2023).

[2] National Green Tribunal of Indiaan observation from environmental judgements, available at: https://link.springer.com/article/10.1007/s11356-018-1763-2 (last visited December 12, 2023).