Major Setback for Centre: Supreme Court Quashes 2021 Office Memorandum on Ex-Post Facto Environmental Clearance

Major Setback for Centre: Supreme Court Quashes 2021 Office Memorandum on Ex-Post Facto Environmental Clearance

📅 July 30, 2026 🏷️ Legal/Environment
In a significant verdict, the Supreme Court on Wednesday quashed the Centre's 2021 office memorandum that permitted granting ex-post facto environmental clearances to projects that began operations without prior environmental approval.

Key Highlights:
- Court's Ruling: The apex court made prior environmental clearance mandatory for any new project before work commences, stating that retrospective clearances run counter to environmental laws.
- Protection for Existing Projects: The court clarified that projects where work has already commenced will not be affected, with the order applying strictly to future projects.
- Legal Challenge: Environmental NGO 'Vanshakti' had challenged the notification, arguing that starting projects first and seeking clearances later defeats the fundamental purpose of environmental regulations.

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