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SC Sets 'Public Interest' Test for Ex-Post Facto Environment Clearances

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The Supreme Court has set a 'public interest' test for ex-post facto environment clearances. The court has struck down the Centre's 2021 Office Memorandum that allowed retrospective approval for projects that had already commenced…

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SC Sets 'Public Interest' Test for Ex-Post Facto Environment Clearances

The Supreme Court has set a 'public interest' test for ex-post facto environment clearances. The court has struck down the Centre's 2021 Office Memorandum that allowed retrospective approval for projects that had already commenced construction without environment clearances. The judgment has significant implications for the country's environment and public health. The court has left limited room for government action under statutory authority.

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