India, Nov. 19 -- The Supreme Court's recall of its May 2025 Vanashakti judgment, which barred ex post facto environmental clearances (EC) - a mechanism to regularise violations "in exceptional circumstances" - weakens environmental regulation in the country. The majority decision to recall the judgment not only buttresses the acceptability of regularising environmental non-compliance but also undermines the deterrence value of the regulatory regime. The majority decision leans heavily on the costs of dismantling projects that violated the environmental clearance regime; it cites financial costs - especially public finances in the case of some projects - and environmental costs in terms of increased pollution following demolition. It also...
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