International Environmental Law Research Centre
LEGAL IMPLICATIONS OF PLACHIMADA
A CASE STUDY
Sujith Koonan
IELRC WORKING PAPER
2007 - 05
This paper can be downloaded in PDF format from IELRC’s website at http://www.ielrc.org/content/w0705.pdf
International Environmental Law Research Centre International Environment House Chemin de Balexert 7, 1219 Châtelaine Geneva, Switzerland info@ielrc.org www.ielrc.org
TABLE OF CONTENTS
INTRODUCTION I. II. THE BACKGROUND LEGAL AND INSTITUTIONAL FRAMEWORK A. B. C. III. Analysis of Pollution Control Laws Institutions: Powers and Failures The Role of the Panchayat
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PLACHIMADA IN THE KERALA HIGH COURT A. B. Background of the Case Principles in the
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The Hindustan Coca Cola Company set up a plant in this district in the year 2000. The plant occupies an area of around 34 acres of land. This land had been classified ‘arable’ by the Government of India. Quite naturally, the site of the plant is surrounded by a number of water reservoirs and canals built for irrigation.1 Plachimada village of Perumatty panchayat in Chittoor taluk is a small hamlet in Palakkad district. It is also home to several scheduled caste and scheduled tribe populations. The villagers are predominantly landless, illiterate, agricultural labourers. Almost 80 per cent of the population depends upon agriculture for their livelihood. Hence, it is most likely that, the location of an industrial plant, which consumes water heavily, in a socially and economically backward, in a region that is agricultural but drought prone would result in serious adverse implications to the life and the environment. The people of Plachimada started to suffer adversities within six months after the Company started its activities. It was reported that the salinity and hardness of the water had risen. Apart from the increase in salinity and hardness, the water from some open wells and shallow bore wells nearby was alleged to have an extremely
1 The site is located barely three kilometers to the north of the Meenakkara Dam reservoir and a few hundred meters west of the Kambalathara and
Plaintiffs assert that Defendants’ chemical land farming operation near their homes that are polluting the air violates Subtitle C of the Resource Conservation and Recovery Act 42 and Section 112 of the Clean Air Act. Plaintiffs contend that these human rights violations are demonstrated by the fact that, (1) the Defendants failed to operate their pollution control equipment and (2) the Defendants did not acquire a permit from the United States Environmental Protection Agency or the Louisiana Department of Environmental Quality to store hazardous waste in Alsen, Louisiana.
Pollution is a major issue in many communities. It affects the local population and the number of people moving to the area, in addition to the potential workforce. If externalities result in an unsafe community, it will result in fewer residents and less economic growth. Government controls on pollution is very effective if patrolled. Many regulations are not monitored, thus companies often find ways to avoid the regulations. Government officials need to
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Sullivan, Thomas F. P, and Thomas Lynch Adams. Environmental Law Handbook. Rockville, MD.: Government Institutes, 1997. Print.
Toms River—the arrogance of companies in Ocean County, New Jersey affected the environment and human health from dumping waste, discharging acid-laced wastewater, and polluting the air and water exposed toxic chemicals that made children become at higher risk for cancer. Government negligence left these chemical companies avoid prosecution and dumping waste improperly became a common practice. The main idea from this book is the environment does impact your health significantly. Therefore, it is best when regulations are being managed and controlled. Also, studies should be approached in different ways to prove an evidence and remain open to new possibilities and exposures. The main problem in Toms River were regulations were not being enforced
Facts of the case (Summary of facts of case and its journey to Supreme Court)
The matter was presented to the Administrative Appeals Tribunal (AAT) and AAT has different views on this matter and AAT considered the historical Cases and
The world of 2015 is centralized on industrialization, and advancements that improve the manner in which a product can be produced to turn the greatest profit. While many of these improvements in speed and quantity benefits society, we cannot turn a blind eye to some of the heavy costs that are associated with this type of mass production. To address some of the issues, like pollution, governments create laws to regulate the amount of negative externalities to its citizens. In the United States, there are multiple federal agencies charged with creating the specific standards and regulations that states and large companies must adhere to. One agency in particular, the Environmental Protection Agency (EPA), implements and enforces some of these standards “to protect human health and the environment”(US Environmental, 2015).
Include name of parties in the case at the Court of first instance and Appellate Courts and name of Trial and Appellate judges.
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The United States’ Environmental Protection Agency (EPA) took on a significant role in environmental justice. However, there were many contradictions and blame towards the EPA for how they were going about environmental justice. The United States’ Government criticized the EPA in July 2005 for not focusing on environmental justice more, yet the authors did not explain if the government itself was supporting these issues, helping the EPA enforce any legislation passed. This situation showed how the government points fingers at other organizations for not doing “their part,” without recognizing that the government needs to change itself to help the environment. Through all of the critics, the EPA created the Toxic Release Inventory (TRI) program, which allowed citizens to have access via Internet to corporations chemical releases. This program helped environmental justice through the idea that the public should have access to information regarding the environment. Yet, the government tried to shut down the EPA’s library where the TRI was located. Therefore, the authors continued the investigation through the report on how the government views and plays a role in environmental
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Environmental compliance obligations are monitored by the EPA, or the Environmental Protection Agency. Their basic mission is quite simplistic in that they need to protect human health and the overall environment. “EPA, state, local and tribal agencies work together to ensure compliance with environmental laws passed by Congress, state legislatures and tribal governments” (Introduction: Environmental Enforcement and Compliance, n.d.). These groups all work together to ensure
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