Case Situation 2 Environmental

Case Situation
The Environmental Protection execute allows, alone does non require, the Central Government to obtain reports, returns, statistics, accounts, and other information in relation to its functions under the constitute from any person, officer, state organisation or other authority. Severe penalties could be imposed for foolish reporting and the political sympathies could undertake random sampling to stop that industries and complying with the reporting requirements. Mandatory reports submitted by industry under the leach peeing personation in the United States have been utilize b the citizens group evidence in suits filed against polluters.
The Environment (Protection) Act has been invoked in at least one case. In campestral Litigation & Entitlement Kendra v. State of Uttar Pradesh, (AIR1988 SC 2187), the supreme motor lodge considered whether to order the closure of limestone mining operations that were affecting the water quality and degrading forest land in the Dehra cross Valley. The defendant mining companies argued that because the issue of location of industries was one of the powers devoted to the central Government under the Environment (Protection) Act, the courts no lasting had jurisdiction to consider the issue.



The court summarily rejected this argument, noting that the Act Does not Purport to oust jurisdiction and that indeed the Act could not constitutionally oust the courts jurisdiction.

1.      What if the government decides to file a complaint against alleged polluter but then does not diligently pursue pursuit?

2. Should a citizen be allowed to file a separate action or intervene in the on-going
Prosecution?

3. Could the citizens suit provision choke an effective enforcement tool if industries were required to make mandatory ordinary reports concerning their pollutant emissions and discharges?

1.      What if the government decides to file a complaint against alleged polluter but then does not diligently pursue prosecution?
The basic citizen suit provision...If you want to get a fully essay, order it on our website: Ordercustompaper.com



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