Cement, Energy and Environment

criteria for choosing the EAC chairperson specify that he/she should be someone with expertise in publ ic administration/management," says Neeraj Vagolikar of non-profit Kalpavriksh, a petitioner in the case. The court observed that the selection criteria are not appropriately outlined and has asked the Union Ministry of Environment , Forests and Climate Change (MoEFCC) to revise it. Till the revision is done, no new appointment can be made, says the order. The NGT order came in response to a petition originally filed before the Delhi High Court in 2011 . Apart from Kalpavriksh, Goa Foundation and Manoj Mishra, retired chief conservator of forests of Chhattisgarh, are also party to the petition. The case was transferred from the High Court to NGT in April 2013. The petition held that the primary objective of MoEFCC is to protect the environment and EACs, being the key bodies advising the ministry on environmental clearances, have a vital role. But these committees have given several controversial decisions because the chairpersons lacked requisite expertise, states the petition. The reason behind this is the change in the selection criteria of EAC chairpersons. Since the first draft EIA notification of 1992 where the emphasis was on expertise, the focus has shifted to managerial abi lity (see 'Changing criteria'). However, MoEFCC says the criteria , as specified in the EIA Notification of 2006, have been modified through a ministry notification issued in October 2007. But it is worth noting that the modified prov1s1on still retains the clause "public administration or management" expert for selectingEAC members. Appointment of Chairpersons The MoEFCC currently has seven EACs for different sectors. Of the six EAC chairpersons (coal and thermal power have the same head), four are from the Indian Administrat ive Service. It is difficult to ascertain how the experience they have helps them comprehensively evaluate the environmental and social impacts of a proposed project. "A s Lamba, who holds the crucial chair position of two major sectors-coal mining and thermal power-has barely been affiliated with an environment- and forest-related position ," says environmental lawyer RitwikDutta. Lamba's last posting was as secretary, Ministry of Development of North Eastern Region . Prior to that, he was a special secretary in the Ministry of Agriculture . ·Changing criteria Change in EAC chair selection criteria has allowed appointment of non-experts chairpersonshould be an "outstanding andexperienced ewlogistor environmentalistor te,hnicafprofessionalin the relevantdevelopmentsector having demonstrated interest in environment conservation and sustainabledevelopmenr chairpe~on sbould be an "outstanding and experienced ecologist or environmentalist or technical professional or person w1th Wide managerial experience in the relevant development seckl,. fl•l•I} chairperson should bean "outstmding and experienced environmental policy expert, or ex-pert In management or public administration with wide experience in the relevant dewlopment sector" 19