Indian Council for Enviro-Legal Action (ICELA) v. MoEF
Jurisdiction: National Green Tribunal of India
Side A: Indian Council for Enviro-Legal Action (ICELA) (Ngo)
Side B: Ministry of Environment (Government)
Core objectives: Whether the government should formulate new climate policies regulating HFC-23.
SummaryIn 2014, ICELA, an environmental NGO, filed an application against the Ministry of Environment, Forest and Climate Change, and companies producing HCFC- 2 to stop emitting HFC-23. The emission of this by-product has 14,800 times more global warming potential (being a greenhouse gas) compared to carbon dioxide thereby leading to ozone depletion. The excessive release of greenhouse gas may set off a climate bomb and severely affect the environment. The petitioner relied on constitutional mandates, namely Articles 48A (duty of the state to protect the environment), 51A(g) (fundamental duty of the citizen to protect and improve the environment), and section 3 of the Environment Protection Act 1986 that give powers to Central Government to take such measures as deemed necessary or expedient for the purpose of protecting and improving quality of the environment and preventing, controlling and abating environmental pollution. However, the respondent, namely, the Ministry of Environment and Forests raised a preliminary objection by stating that the petition is unmaintainable as it falls outside the jurisdiction of the National Green Tribunal. The bye-product HFC-23 does not fall within the Acts specified in Schedule-I of the NGT Act and therefore the tribunal could not entertain the petition.
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