ENVIRONMENTAL LAW EDUCATION-BETTER STRATEGY AND CURRICULUM PREPARATION

INTRODUCTION

In the present day world, industrialization is the key to national progress. Industrialization brings with it many problems of environmental pollution.

Accelerated industrial growth aggravates the problems of environmental deterioration. The need for industrialization linked or coupled with the need for pollution free environment raises a public problem. Industrialization with a reasonably clean environment requires a proper environmental policy formulated on a rational evaluation of environmental preservation and pollution control. Tins needs to the need for a proper environmental impact assessment of industrial projects.

Better strategy and curriculum preparations Environmental Impact Assessment is a process of evaluation and prediction further changes caused by proposed projects plans or policies to the quality of environment. It coordinates the administrative bodies and agencies to choose correctly from among the various opinions for making environmentally sound decisions. The projects or policies may be either modified, altered or abandoned when the assessment they are found lively to result in significant adverse effects upon the quality of environment. It is a technique not only for identifying potential damage but also for probing method of preventing such image.

Countries like U.S., Britain. USSR, etc . have given greatest importance to Environmental Impact Assessment through the concept of public participation in the arena of environmental protection. The form and methodology of participation may vary to each other. But these countries have accepted and adopted the principles that the public should be involved in the diverse processes having environmental implication. The impact of project upon a neighbouring country is another dimension in the environment decision making process. It is true that every state has the sovereign right to exploit the resources within the territory pursuant to its own environmental policies, suppose that certain activities within the jurisdiction of control of a state are lively to cause damage to environment of other nations.

The Stockholm Declaration has emphasized that it is the responsibility of every nation to ensure that this does not happen. In the United States a presidential order issued in 1979 emphasizes the need in a more explicit and meaningful manner. It says that Environmental Impact Assessment is necessary if a major federal action significantly affects the environment of the global commons; the environment of the foreign nations or the natural or ecological resources on global importance.

The environmental Impact Assessment process varies from nation to nation. It can be broadly classified under two heads.

(i)    The Statutory Mandatory Model

(ii)   The Administrative Discretionary Model.

In the mandatory model, the scope nature and limits of discretion and the procedure in which the impact assessment is made are governed by legislation.

These may be specific or delegated legislation obliging the decision - maker to assess the impact or review the assessment.

In the administrative discretionary model all matters are left to be decided by the administrative agency and are controlled by only be exact policy, administrative discretion and political expediency.

U.S. Approach

National Environmental Policy Act of 1969 called (NEPA) is a remarkable legislation in the United States representing the best example for statutory mandatory model of Environmental Impact Assessment. Among the notable provisions of the legislation, the one declaring environmental policy and the other emphasizing the need to prepare Environmental Impact Statement (EIS) are significant. NEPA had established the Council on environmental quality to investigate and report environmental quality, advise the President, gather information and co-ordinate agencies, activities and issue guide-lines. The NEPA Act provided that before they take up major federal action significantly affecting the environment all Federal Agencies should prepare an Environmental Impact Statement (EIS). In other words in the U.S. this process is called Environmental Assessment.

The Environmental Assessment is a public document which acts as the basis for Environmental Impact Statement. The Environmental Impact Statement as it is popularly called contains in addition to the environmental impact of the proposed action, other details such as any adverse environmental effect. Relationship between local short term use of man's environment and maintenance and enhancement of long term productivity and any irreversible and irretrievable commitments of resources with would be involved in the proposed action.

Environmental Impact Statement is prepared after consultation with experts. state agencies and general public. The publication of Environmental Impact Statement affords the public an opportunity to comprehended the environmental impact of proposed project. This provides the public with an opportunity to acquaint themselves with the environmental consequences of the proposed action. Transferring the process of Environmental Impact Assessment into the most powerful weapon in the hands of public against any environmental assault in 1970, the presidential order exhorted the federal agency to develop the impact procedure in such a manner as to ensure timely public information, elicit views of interested parties, provide for public hearing and to encourage state and local agencies to adopt simulacra procedure. Active public involvement has grown in U.S. as the main feature of environmental decision making process whether it relates to standard fixing in air, water quality, and highway location.

Indian Model :

In India there is no specific legislation for mandatory environmental impact assessment of projects having significant effects on the environment. However. the approval of Ministry of Environment and Forests and Planning Commission is Need and Relevance of Environmental Law Education in Orissa necessary for execution of a few major projects. But with the scant man power and facilities to assess each project the Ministry may not be in position to cam out this watch dog function in relation to thousand of project proposed of and on through out the country. Only if it is called up to do the Ministry comes to the picture, It does not utilize service of outsides experts nor can it look into the project proposed by private agency.

Environmental Impact Assessment : Water (Prevention and Control of Pollution Act, 1974) :

The concept of environmental impact study still remains alien to the Indian law. The Board decides to grant or not to grant consent. It is no statutory obligation to examine the environmental impact either of proposed or of an existing industrial activity causing pollution. The State Board can impose binding conditions on the nature and composition of temperature, volume, rate of discharge of effluent. When it grant consent the people are not involved in inquiry prior to the granting of consent or imposing of conditions. They are not given an opportunity to have any say on the conditions imposed while granting consent. The Act confirms their rights on a member of public only to a limited extent. He can prosecute the polluter only after giving a sixty days notice. Perhaps this may be given to Board an opportunity to take appropriate action.

Environmental Impact Assessment : Environmental Protection Act 1986 :

The Environment protection Act 1986 although a step ahead in adopting a comprehensive policy of environmental protection lacks in building mechanism of preventing and controlling repetition of similar pollution tragedies. It is true that this

Act contains significant provision such as the power to issue binding direction for regulation of supply of electricity of water or any other services. The industry is a potent weapon of control of environmental pollution. Therefore, an environment impact statement is necessary in order to remove the above difficulties.

Environmental Impact Assessment : Judicial Activism

In the countries where the mandatory model EIA exists it is found that judicial review makes a significant contribution in involving procedural standards and developing EIA as a strong weapons in maintaining the balance between development and environmental.

Conclusion :

Better strategy and curriculum preparation or Environmental Impact Assessment is a weapon which can be followed in the state of Orissa. This Environmental Impact Assessment should reach to the remote area where we can make them aware of EIA system. Any proposed project by our Orissa Govt. or policies this EIA will change the quality of environment. It is the duty of the State Board, other agencies and most important to the political parties to see the EIA not to be misused but be handled properly. According to my opinion EIA is a multi disciplinary process which involves resolution of disputes among conflicting and diverse interest in society'. Therefore I appeal to the people of Orissa that please take proper care of EIA in order to function it smoothly in the state of Orissa.