India’s evolving legal and regulatory framework is leaving a complex web of environmental laws and fora in its wake. We excel at negotiating diverse environment-related issues with our clients in India and overseas. We advise them on all matters related to compliance with environmental laws; we also represent them at the Supreme Court of India, National Green Tribunal, before state pollution control boards and other courts/quasi-judicial authorities. Khaitan & Co has a proven track record in handling matters related to pollution control, consents and clearances, wildlife protection, biodiversity, forests, climate change, water conservation and resource efficiency. Some of the industries our clients belong to are cement, pharmaceuticals, chemicals, mining, automotive, oil and gas, real estate and waste management (including electronic, plastic, biomedical, solid, hazardous and construction).
We help our clients understand the environment-related regulatory framework. We also guide them on issues related to environmental clearances, consents to establish, consents to operate and other authorisations required under the Indian sustainability laws.
Khaitan & Co’s environmental law advisory and dispute resolution practice is one of the leading practices in the country. Clients trust us to advise and strategise with them on existing and potential environmental risks (both civil and criminal), and suggest effective solutions. We help strike a balance between our client’s business interests and environment protection, which is the essence of sustainable development.
Clients note the calibre of advice provided, and praise its "legal understanding coupled with the commercial understanding of the team."
Advised and successfully represented the Association and its members before the Supreme Court of India in securing the exemption for them to use and import pet coke in India.
While cement was the first industry to be exempted in India, we also successfully secured exemptions for other industries like calcium carbide, graphite electrode and aluminium industries from using and importing pet coke in India.
Advised and represented the client before the Supreme Court of India praying that the Supreme Court direct the Ministry of Environment, Forests and Climate Change (“MoEF&CC”) to grant forest clearance to the client. The client was permitted by the Hon’ble Supreme Court to mine limestone in Meghalaya.
Successfully represented the client before the Principal Bench of the National Green Tribunal in seeking revocation of the closure order issued against the client by the Central Pollution Control Board and ensuring that the plant is allowed to operate as compliant.
Advised the company on issues relating to mandated expenditure under the Corporate Social Responsibility (“CSR”), Corporate Environmental Responsibility (“CER”) and Enterprise Social Commitment (“ESC”) as required under the environmental clearance and section 135 of the Companies Act, 2013.
Advised the client on issues relating to pollution allegedly caused by their pharmaceutical plant in Uttarakhand and represented the client before the National Green Tribinal.
Advised a leading American multinational on various issues relating to environmental liability, emission norms, effluent discharge, categorization of industries and online continuous emission monitoring system (“OCEMS”).
Strategizing and advising the management of the company on the strategy to be adopted in a matter pertaining to air pollution before the National Green Tribunal and involving complaints from local residents.
Advised and represented the client before the Supreme Court of India in a dispute pertaining to use of forest land and deforestation.
Advised the client on issues relating to utilisation of groundwater and the related consents and authorisations.
Advised and represented the Association and its members on issues relating to conservation of elephants, human-wildlife conflict and freedom of trade and occupation in a matter pending before the National Green Tribunal.
