Environmental and Energy Law

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Environmental and Energy Law

Environmental and energy law is a broad field that deals with the production, use, and sustainability of energy while also regulating the environment. It aims to establish a balance between ecological protection and human progress. It consists of different laws, rules, and international agreements that control matters including air and water quality, wildlife conservation, renewable energy, emissions reduction, and land use planning. Environmental and energy law is vital in global environmental concerns because it plays a significant role in addressing climate change, enabling sustainable resource management, and encouraging responsible energy practices.

What is Energy law?

Enacting, upholding, and challenging rules that control how energy is used are all topics covered by energy law. The usage and taxation of renewable and non-renewable energy sources are governed by the law of law known as energy law. Energy laws cover any rules, laws, cases, legislation, and ordinances related to energy.

As a result, certain regulations are in place to control the creation and collection of energy. These guidelines also apply to the taxation of energy use. Both energy firms and the general public must understand the energy regulations that control the purchase, use, and conservation of energy resources.

In our nation, energy law is a subset of commercial law rather than a separate field of the law.

Where does energy come from?

Four primary uses of energy can be distinguished in India:

  1. commercial, such as in offices, shopping malls, hospitals, and inns;
  2. industrial, such as in manufacturing, development, and horticulture; and
  3. residential, such as apartments and houses;
  4. transportation, such as cars, trains, and aeroplanes.

Nuclear energy accounts for about 3.2% of all power generated in India. India produces about 40 billion kilowatt-hours of electricity from nuclear power. U235 is a kind of uranium that is commonly used in nuclear power plants as the material that splits atoms to produce electricity. Despite being "relatively rare," U235 is present in rocks all throughout the planet. U235 must, therefore, be mined similarly to coal. But before it can be utilised in nuclear power plants, uranium must undergo a complex technological and chemical process, in contrast to coal.

Key Challenges

  1. The challenges we face in environmental and energy law cover a wide range of topics, from resolving environmental justice concerns to mitigating climate change and controlling resource use.
  2. These difficulties are made even more difficult by navigating the shifting terrain of technical breakthroughs, enforcing rules, and juggling competing political and economic interests.
  3. In order to promote sustainability, protect ecosystems, and transition to cleaner energy sources while addressing disparities in environmental impacts and fostering public participation in decision-making processes, these multifaceted obstacles require comprehensive legal frameworks, strong enforcement mechanisms, and global collaboration.
  4. India’s energy policy

    The nation's expanding energy deficit and growing emphasis on developing alternative energy sources, especially nuclear, solar, and wind energy, largely dictate the country's energy policy. India was 63 per cent self-sufficient in energy overall in 2017. Since 2013, India has had the third-largest global primary energy consumption after China and the US. India was the world's second-largest coal consumer in 2017 after China.

    With 221 million tonnes of oil consumed in 2017, India came in third behind the US and China. With around 47% of its total primary energy coming from imports, India would be a net energy importer in 2019.

    With a 5.8% global share, India ranked third in the world in terms of primary energy consumption in 2019, behind China and the United States. The overall primary energy consumption in 2018 was 809.2 Mtoe (million tonnes of oil equivalent), of which coal accounted for 452.2 Mtoe (45.88%).

    Crude oil production (239.1 Mtoe; 29.55 %)

    (49.9 Mtoe; 6.17 percent) Natural gas

    Atomic energy (8.8 Mtoe; 1.09%)

    Power from hydroelectric sources (31,6 Mtoe; 3.91%)

    (Without traditional biomass use) Renewable energy (27.5 Mtoe; 3.40%).

    India is one of the world's energy markets that is expanding the fastest. By 2035, it is expected to account for 18% of the increase in global energy consumption, making it the second-largest contributor.

    India is planning to expand its nuclear power and sustainable energy projects in light of the nation's rising energy needs and constrained domestic oil and gas resources. India is the world's fourth-largest market for wind energy and plans to install 100,000 megawatts (MW) of solar power by 2022.

    India plans to increase nuclear power's share of global energy-producing capacity from 4.2 per cent to 9 per cent within the next 25 years.

    The National Action Plan on Climate Change (NAPCC), which was introduced on June 30, 2008, and the INDC submitted to the UNFCC serve as the foundation for India's climate strategy. The national level of planning is the emphasis of NAPCC. The Paris Climate Change Summit's announcement of the INDC serves as both India's declaration of intent and a global commitment.

    India's climate plan is based on the National Action Plan on Climate Change (NAPCC), which was unveiled on June 30, 2008, and the INDC submitted to the UNFCC. The focus of NAPCC is on planning at the national level. The INDC is a worldwide commitment, and a declaration of intent from India made at the Paris Climate Change Summit.

    Additionally, a lot of states have started to create and implement their state action plans on climate change. 33 states and territories have created SAPCCs as of this writing in order to incorporate climate change concerns into their planning procedures. The SAPCC incorporates ongoing programmes and projects at the state and NAPCC levels while building on current state government policies. The state-by-state analysis of climate change vulnerability, associated threats, and effects is the main focus of SAPCC. Strategies for adaptation and mitigation that will lessen the nation's vulnerability in the short, medium, and long terms should be recognised by SAPCC.

    The Faster Adoption and Manufacturing of (Hybrid &) Electric Vehicles (FAME) scheme was introduced in April 2015 as part of the National Mission on Electric Mobility to promote, produce, and sell EVs. Under the FAME Scheme, the sale of EVs had reached 73,269 units as of May 2021. This saved 19 million litres of gasoline and offset 47,712 tonnes of carbon dioxide respectively. The adoption of electric vehicles is now being led by Maharashtra, followed by Rajasthan and Delhi.

    The Indian government recently declared that a new hydrogen energy mission and a new roadmap for the nation will shortly be introduced. Indian Oil Corporation Limited (IOCL) has started a pilot study to evaluate hydrogen-enriched compressed natural gas (HCNG) for use in transportation. H-CNG has demonstrated encouraging results in terms of decreasing emissions and is more environmentally friendly than CNG. ONGC and Hindustan Petroleum are two additional oil corporations researching hydrogen technology. Hydrogen that is "green" has the capacity to lessen pollution. According to the Energy Research Institute (TERI), green hydrogen will account for 80% of all hydrogen by 2050.

    Relationship between Energy and Environmental Law

    Aspect

    Energy Law

    Environmental Law

    Focus

    Primarily regulates energy production, distribution, and consumption.

    Protects the planet's natural resources and public health in the first place.

    Objectives

    It ensures a consistent supply of energy, encourages energy efficiency, and controls the energy markets.

     It protects the ecosystems, air, water, and land while reducing pollution and habitat loss.

    Regulatory Institutions

     

    Regulatory bodies such as the Federal Energy Regulatory Commission (FERC) oversee energy markets.

    Environmental Protection Agency (EPA) and various state agencies enforce environmental regulations.

    Important Concerns

     

    Regulation of energy sources (such as fossil fuels and renewable energy sources), electricity price, and grid stability.

    Standards for the air and water purity, the control of hazardous waste, and the preservation of wildlife.

    Environmental Change Interactions

    Reduces greenhouse gas emissions and might encourage the switch to clean energy.

    Regulates emissions and sets goals for reducing greenhouse gas emissions to combat climate change.

    Regulations and Sanctions

     

    There may be regulatory and permitting overlap as a result of the environmental effects of energy production.

    Environmental laws affect energy production by influencing the selection of energy sources and emissions.

    Penalties

    Non-compliance could lead to fines or licence revocation, which would have an impact on how energy businesses operate.

     It imposes fines, penalties, and legal action against organisations that affect the environment and may result from non-compliance.

    Integration of Policy

    To encourage the use of sustainable energy practises, energy and environmental policy are becoming more entwined.

    Environmental impact analyses and the permitting procedure both take energy into account.

    Sustainability

    It encourages the use of renewable energy sources and sustainable energy practices.

    It is to guarantee the planet's long-term sustainability and the long-term viability of ecosystems.

    International Accords

    It involves international energy accords (like the Paris Agreement) that have an effect on domestic policies.

    Participates in international environmental agreements (such as the Paris Agreement and the Kyoto Protocol) to solve environmental concerns on a global scale.

Environmental and Energy Law Consulting Services

At Enterslice, we offer a wide range of comprehensive environmental and energy law consulting services for our clients, including the public, private, and social sectors worldwide. Our experts focus on designing and building effective solutions and strengthening the regulatory compliance gaps between these sectors to stay at the forefront of the evolving landscape. We assist in enabling energy transformation, re-designing your policy and compliance on the regulatory framework market, and helping secure investments and funds. We have years of experience in supporting your business structuring models, enhancing revenues, optimising costs, managing capital, and assisting in your business's digital and people transformation journey. We are determined to deliver our best consulting intellect and help you in identifying your customer and investor value. We have an in-depth industry knowledge backend with our extensive global network of over 25,000 intellects worldwide and focus on delivering customised remedial solutions in accordance with the specific needs of our clients.

What is Environmental and Energy Law Consulting Services?

Environmental and Energy Law consulting contributes to mitigating the knowledge gap between the legal developments designed so as to achieve and secure environmental and energy-related objectives with practical scientific and technical considerations applicable to the same environmental problems. It aims to build a balance between ecological protection and human progress. It includes a wide range of environmental and energy issues, ranging from climate, energy regulation, technology innovation and transfer, pollution control, environmental governance and enforcement. We at Enterslice streamline compliance related to environmental and energy laws. Our in-depth knowledge has brought a trusted reputation to our work and executed environmental impact and its assessments. Our expertise manages various complex projects engaged with diverse stakeholders and helps in decoding multiple complex layers of regulation worldwide.

We Consult in Clean Energy

At Enterslice, our experts assist you with the clean energy transition and help you adapt and emerge stronger. Decarbonisation, decentralisation and digitalisation are important parts of this transition and are are more likely to address specific energy concerns. Our multidisciplinary approach and deeply rooted experience advise companies and businesses to add our expertise to their policies. Our focus areas include-

Renewables

India continues to be at the top among the investment destinations for clean energy investors as policymakers create specific policies to facilitate the large-scale transition to fulfil the growing needs for energy. Renewable energy has become a true mainstream with the aid of private capital. At Enterslice, we have extensive experience in the electricity sector, which enables us to support and assist our valuable clients in understanding the traditional industry participants and helping them adapt innovative tools to the renewable energy landscape. Our expertise with actionable assistance helps businesses add the delivery of clean and renewable energy by overcoming investments, execution, operations and trending technological challenges.

Energy Efficiency

It is important to have an energy-efficient method to fulfil future demands and be more likely to address the energy issues. Our experts at Enterslice developed a key partnership with diverse stakeholders within India and worked with various global firms to address these specific issues across residential and commercial industries, urban local bodies, telecom utilities, etc.

Clean Technology

It is clearly visible that clean technologies help businesses and consumers reduce their impact on the environment and stay competitive. At Enterslice, we offer assistance to our clients and help them understand the new forms of clean technologies such as renewable hybrids, floating solar, waste-to-energy, offshore wind, and many more. Our experts help companies develop policies and support innovation to adopt innovative and renewable technologies. We help companies support national plans and programmes for low carbon development, mitigate greenhouse gas emissions, etc. 

We Consult in Mining and Metals

Mining contributes to the growth and strategic security of India's economy. Our expertise can help clients to explore and respond to the powerful dynamics that reshape the entire industry. Our experts, in order to support the sustainable objective of mining and inter-related environmental concerns, help develop specific policies, a robust governance framework, and appropriate guidelines. We work closely with our clients and prepare sustainable action plans for mining industries, including the diverse minerals, based on their availability and importance. We help in developing appropriate guidelines and required policies to manage their business fund.

We help diverse sectors, including power, steel, and cement, maintain regular usage of metals from mining. Our experts help businesses develop short- to long-term resource security, identify appropriate investment, and support financing requirements. We work closely with clients to support market entry using our national and international networks. We help to evaluate the appropriate deal opportunities for our client business.

We Enhance Business productivity and efficiency.

Our expertise helps client business to improve their productivity and efficiencies. We work closely with businesses and help to reduce procurement costs to enhance their business value. Our experts help streamline procurement practices most sustainably, improve mines and plants' efficiency and enhance productivity accordingly. We utilise advanced innovative technology to improve their productivity.

We consult in Oil and Gas.

At Enterslice, we offer professional services across the oil and gas industry and help clients navigate with visible insights and knowledge to serve our energy clients in the oil and gas space. Our experts work across diverse client bases, including large and traditional complex organisations, along with innovative bodies. Our team has extensive experience working with government regulatory bodies and the public and private companies of this sector. We help businesses to navigate complex policy and regulatory frameworks. We facilitate suitable market entry and investment decisions for businesses.

We Evaluate risk and return on investment

Due to the complex increasing regulatory framework, shareholders, and market pressure on oil and gas companies to deliver the most challenging yearly performance, we knew it was difficult. Having sound and reliable risk management strategies and an appropriate framework for the companies to remain resilient is important. To achieve business objectives, companies are rapidly increasing their focus on developing a robust risk management program using our expertise. At Enterslice, we have a dedicated team of multidisciplinary matters to help companies identify their business risk and are more likely to develop appropriate risk management strategies to track risks at an early stage, qualitative and quantitive analysis. We help to develop the right risk framework in accordance with our clients' specific business requirements. Our experts work closely to develop business policy processes, identifying and managing various categories of risks. We help to settle various performance KPIs associated with the risks that the business usually faces. We develop and implement effective risk mitigation measures along with the other governance, risk and compliance processes.

We Advise on Environmental and Energy Concerns.

At Enterslice, we are at the forefront, working with government agencies and companies to help drive the market using effective regulatory design implementation and compliance management. We work closely with our client businesses and help attract investments and promote healthy competition while ensuring the protection of customers' interests. We help businesses adopt new innovative technologies and ensure compliance with regulatory norms within the organisation. At the same time, we focus on implementing and managing effective regulatory compliance technology enablement for monitoring and reporting purposes. We offer strategic development of master plans for different sectors, technology implementation, and provide assistance to resolve disputes.

Frequently Asked Questions

Enterslice can be of great help when it comes to environmental and energy law. It can assist individuals, companies, and organisations in negotiating complicated environmental compliance concerns and energy-related challenges thanks to their extensive knowledge and grasp of the legal frameworks governing environmental protection and energy regulation. They can offer thorough legal counsel and assistance in renewable energy initiatives, environmental impact assessments, emissions trading, carbon credits, waste management, and ethical corporate practices. In order to contribute to a cleaner and more sustainable future, Enterslice seeks to assist clients in achieving environmental sustainability goals while maintaining compliance with relevant laws and regulations.

Enterslice can help clients identify the specific permits and licenses required for their operations or projects, prepare the necessary Paper works, and submit applications to the appropriate regulatory authorities.

To compare a company's current practises and operations to pertinent international environmental rules and regulations, Enterslice can conduct a compliance assessment.

Environmental & Energy Law tries to close the knowledge gap between the practical, scientific, and technical factors that apply to the same environmental challenges and the legal changes intended to achieve those objectives.

The environmental law is said to be focused on safeguarding living organisms, including humans, from the harm that human action may instantly or later do to them or their species, either directly or to the media and habits on which they rely.

The legislative provisions for petrol, oil, and "extraction taxes" are all included in energy law. Energy law comprises contracts for siting and extraction as well as licences for the acquisition of ownership rights in oil and gas under the ground before and after their discovery and capture.

Air pollution, climate change, water pollution, thermal pollution, and solid waste disposal are some of the environmental issues directly linked to the production and consumption of energy. The primary contributor to urban air pollution is the release of air pollutants from burning fossil fuels.

Energy laws control how renewable and non-renewable energy is used and taxed. These laws serve as the main sources of energy-related case law, statutes, rules, regulations, and edicts. Energy politics and policy, on the other hand, are discussed.

Energy laws control how energy is used and taxed, whether it is renewable or not. Regarding energy, these laws serve as the main authorities, along with case law, legislation, rules, regulations, and edicts. On the other hand, energy policy refers to the politics and policy around energy.

The Electricity Act unifies the rules governing electricity generation, transmission, distribution, trading, and use, as well as general measures to promote the growth of the electrical business.

In order to simplify the transition to a low-carbon, sustainable future, the Environmental and Energy Law Programmed offers legal analyses. Reduce the negative consequences of climate change. Prevent environmental deterioration from affecting public health and well-being. Encourage environmental protection and climatic adaptation.

Energy laws are in place to control the production and use of energy. These rules likewise govern the taxation of energy use. Nuclear power, the creation of clean energy, the regulation of oil and gas, and other aspects of energy regulation are included.

According to the rule of conservation of energy, energy can only be transformed from one form of energy to another and cannot be created or destroyed. This indicates that unless energy is added from the outside, a system always has the same quantity of energy.

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