**Executive Summary**
This document is a response to Lok Sabha Unstarred Question No. 2446, answered on December 15, 2025, regarding environmental regulation. The question concerns regulatory capture, the potential establishment of a National Environmental Regulator, and the adequacy of State Environment Impact Assessment Authorities. The response indicates that the government believes the existing framework is adequate and has implemented measures to improve its function.
**Key Points / Main Content**
* **Environment Clearances (ECs):**
* Granted by the Ministry of Environment, Forest and Climate Change at the Central level and State Environment Impact Assessment Authorities (SEIAAs) at the State levels.
* Based on the recommendations of Expert Appraisal Committees (EACs) at the central level and State level Expert Appraisal Committees (SEACs) at the state level.
* EACs/SEACs consist of independent experts with no conflict of interest.
* ECs are monitored by Regional Offices and Sub-Regional Offices of the Ministry, and State Pollution Control Boards, which are not directly involved in the EC granting process.
* **Strengthening Compliance Monitoring:**
* The Central Government has issued Environment Audit Rules 2025 for creating a third-party cadre to undertake on-site verification/audit work.
* **National Environmental Regulator:**
* The government has decided against establishing a National Environmental Regulator (NER) and will continue with the existing institutional mechanism.
* **Improving Transparency and Efficiency:**
* Measures have been taken to improve transparency, efficiency, and ease of doing business, including the use of the PARIVESH portal.
* The National Green Tribunal acts as an independent Appellate Authority for ECs.
* **Capacity Building for SEIAA/SEAC:**
* The Ministry organizes capacity building programs for SEIAA/SEAC officials through expert agencies like ASCI (Administrative Staff College of India).
* Regular reviews and sensitization programs are conducted for SEIAA/SEAC officials on environmental impact assessment developments and PARIVESH portal features.
**Impact Analysis**
**Impact**
* Central and state level government officials involved in project appraisal and environmental regulation.
* Industry seeking Environmental Clearances.
* The public, who benefit from environmental protection and regulatory oversight.
**Action Required**
* Continue implementing the described measures to improve transparency, efficiency, and capacity building.
* Comply with Environment Audit Rules 2025 and other relevant environmental regulations.
* Continue to utilize the PARIVESH portal for Environmental Clearances.
Key Entities Referenced
Ministry of Environment, Forest and Climate Change: The primary ministry responsible for environmental regulation and granting environmental clearances (ECs) at the central level.
Environment Impact Assessment Authorities (SEIAA): State-level authorities responsible for granting environmental clearances.
Expert Appraisal Committees (EACs): Committees at the central level providing recommendations for environmental clearances.
State level Expert Appraisal Committees (SEACs): Committees at the state level providing recommendations for environmental clearances.
EIA Notification, 2006: The key notification laying down the provisions for Environmental Impact Assessment and environmental clearances in India.
GOVERNMENT OF INDIA
MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE
LOK SABHA
UNSTARRED QUESTION NO. 2446
TO BE ANSWERED ON 15.12.2025
Establishment of National Environmental Regulator
2446. SHRI SHYAMKUMAR DAULAT BARVE:
Will the Minister of ENVIRONMENT, FOREST AND CLIMATE CHANGE be pleased to
state:
(a) whether the Government acknowledges that the risk of regulatory capture and conflict of
interest in environmental regulatory framework has increased, due to functioning of both
project clearance authorities and monitoring agencies under the Ministry of Environment,
Forest and Climate Change;
(b) if so, the details of institutional reforms or restructuring the Government is considering
to address this systemic problem;
(c) whether the Government is also considering to establish a National Environmental
Regulator (NER), as recommended by the Hon’ble Supreme Court in the Lafarge
judgment (2011);
(d) if so, the details thereof including its proposed structure, jurisdiction and accountability
framework;
(e) whether the Government has conducted an independent assessment of the capacity,
technical expertise and human resource adequacy of the State Environment Impact
Assessment Authorities (SEIAA); and
(f) if so, the details thereof including the deficiencies identified and the corrective measures
being undertaken by the Government?
ANSWER
MINISTER OF STATE IN THE MINISTRY OF ENVIRONMENT, FOREST AND
CLIMATE CHANGE
(SHRI KIRTI VARDHAN SINGH)
(a) and (b) : The Environment Clearances (ECs) are granted by the Ministry of Environment,
Forest and Climate Change at the Central level and State level Environment Impact Assessment
Authorities (SEIAAs) at the State levels, in accordance with the provisions as laid down in EIA
Notification, 2006, as amended. These clearances are granted based on the recommendations
of the Expert Appraisal Committees (EACs) at the central level and the State level Expert
Appraisal Committees (SEACs) at the state level which consist of independent Experts who
are appointed after ensuring that there is no-conflict of interest while discharging their duties.
The ECs are monitored by the 11 Regional Offices and 8 Sub-Regional Offices of the Ministry,
and the State Pollution Control Boards, which are not directly involved in the EC granting
process. Further, in order to strengthen the monitoring of compliances of the various statutoryprovisions, the Central Government has issued that Environment Audit Rules 2025 for creating
a third-party cadre of certified manpower, to undertake on site verification/audit work for
ascertaining environmental compliance under various environmental regulations and rules
issued by the Central Government or any State Government.
(c) and (d): No Sir. The Government has opined that the existing institutional mechanism of
appraising projects for Environmental Clearance may be continued. Alongside, several
measures to improve transparency, efficiency and enhance ease of doing business have been
undertaken. The projects are granted EC based on the recommendations of the independent
Expert Appraisal Committees/ State level Expert Appraisal Committees at both the Central and
the State level with the help of a transparent, online web based portal namely PARIVESH [Pro-
Active and Responsive facilitation by Interactive, Virtuous and Environmental Single-window
Hub]. Further the National Green Tribunal constituted as per the provisions of the National
Green Tribunal Act, 2010, acts as an independent Appellate Authority in respect of the ECs
that are granted.
(e) and (f): The Ministry has organised capacity building programs through expert agencies
like ASCI (Administrative Staff College of India), Hyderabad for the SEIAA/SEAC officials.
The Ministry periodically reviews the functioning of SEIAA/SEAC at the highest level for
ensuring effective and efficient appraisal of Category B projects at the SEIAA/SEAC level. In
addition, the officials of SEIAA/SEAC are frequently sensitized on the latest developments,
best practices in the field of Environmental Impact Assessment, as also various Amendments,
Notifications, Office Memoranda etc., issued from time to time. Further, trainings are also
conducted for the officials of SEIAA/SEAC on the various features and modules of the
PARIVESH portal, to enable them to efficiently discharge their duties.
*****