India, July 31 -- SC rules against ex post facto environmental clearance

The Supreme Court (SC) July 29, 2026 struck down the central government's 2021 Office Memorandum (OM) issued by the Union Ministry of Environment, Forest and Climate Change (MoEFCC) on ex post facto environmental clearance.

Petitions were filed challenging the Environmental Impact Assessment Notification, 2006 on March 14, 2017 and the office memorandum dated July 7, 2021 issued by MoEFCC. The impugned instruments enabled appraisal and grant of post facto environmental clearance to projects which violate the prior EC requirement under the EIA Notification, 2006.

The bench led by Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice Vipul M Panchol...