Environmental Clearance Exemption Amendments 2025

Amendments to Environmental Clearance Exemptions for Linear Projects – 2025

Introduction

In a major move towards enhancing environmental safeguards, the Ministry of Environment, Forest, and Climate Change (MoEFCC) introduced Environmental Clearance Exemption Amendments for linear projects through a notification issued on March 17, 2025. These changes address concerns raised by the Supreme Court of India and the National Green Tribunal (NGT) regarding the lack of clear definitions and environmental safeguards in previous exemptions. The amendments clarify the rules for earth extraction, sourcing, and borrowing for linear projects while incorporating strict Standard Operating Procedures (SOPs) and monitoring mechanisms.

Key Amendments to Environmental Clearance Exemptions

1. Clear Definition of Linear Projects

The new amendments explicitly define linear projects as:

  • Slurry pipelines

  • Oil and gas transportation pipelines

  • Highways and roadways

  • Laying of railway lines

These projects require earth extraction or sourcing exceeding 20,000 cubic meters but are now exempt from prior environmental clearance (EC), provided they comply with strict environmental safeguards.

2. Environmental Safeguards and SOPs

To prevent environmental degradation, the notification mandates adherence to a Standard Operating Procedure (SOP) covering:

  • Borrow area identification: Projects must use pre-approved borrow areas, preferably barren land, avoiding agricultural or forest areas.

  • Safety and environmental safeguards: The excavation process must minimize soil erosion, waterlogging, and habitat disruption.

  • Reclamation and restoration: After extraction, the borrow areas must be reclaimed and redeveloped through measures like backfilling, planting, or creating water reservoirs.

3. Committee for Oversight and Monitoring

The amendments establish a Committee responsible for monitoring and approving the extraction of ordinary earth for linear projects. The Committee includes:

  • District Collector or Magistrate: Chairman

  • District Forest Officer: Member

  • State Pollution Control Board Officer: Member

  • District Mines Officer or Geologist: Member Secretary

The Committee will approve applications and monitor the quantity and location of earth extraction.

4. Borrow Area and Environmental Protection

To minimize the ecological impact, the notification outlines prohibited areas for earth extraction, including:

  • Forests and protected areas: Within 1 km of reserve forests, sanctuaries, or national parks.

  • Water bodies: Streams, rivers, or watercourses.

  • Steep slopes and unstable hillsides: To prevent soil erosion and landslides.

  • Ecologically sensitive zones: Wetlands, wildlife corridors, and critical habitats.

5. Rehabilitation and Redevelopment

The amendments make land rehabilitation mandatory after the completion of extraction. The SOP specifies:

  • Backfilling of borrow pits with rejected construction waste or unserviceable material.

  • Vegetative cover or turfing to restore the soil.

  • Drainage management to prevent waterlogging and mosquito breeding.

  • Ecological restoration through afforestation or water conservation projects.

6. Legal and Judicial Background

The amendments were introduced in response to:

  • NGT’s 2020 order directing the MoEFCC to revisit the 2020 exemption notification.

  • Supreme Court’s March 2024 judgment in Noble M. Paikada vs. Union of India, which struck down the previous exemption due to its vagueness and lack of clear guidelines.

  • The current amendments ensure that environmental safeguards are clearly defined and enforceable.

Conclusion

The 2025 amendments to environmental clearance exemptions for linear projects mark a significant step towards balancing infrastructure development with environmental protection. By introducing clear definitions, stringent SOPs, and robust monitoring mechanisms, the government aims to prevent unregulated excavation and safeguard ecological integrity. These amendments align with sustainable development goals while ensuring compliance with judicial directives.

Download: Environmental Clearance Exemption Amendments 2025


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