Carbon emission: Top court directs Power Ministry to call meeting of CERC, stakeholders

Noting that coal-fired thermal power plants are among the largest contributors to PM 2.5 emissions, the Supreme Court has directed the Ministry of Power to convene a joint meeting with the Central Electricity Authority and the Central Electricity Regulatory Commission to devise a clear strategy for reducing carbon emissions in the power generation sector.

Asking them to file a joint affidavit within four weeks indicating legal regime for this purpose along with a plan of action to deal with the problem, a Bench led by Justice PS Narasimha posted the matter for hearing on August 19.

“In order to address the issue of carbon emissions arising out of power generation, we deem it necessary that all stakeholders must be on the same platform to discuss, formulate and implement the plan systematically and consistently for achieving short-term and long-term goals,” it said.

“It is equally necessary to ensure that the policy makers are attuned with ground realities and the difficulties of the regulatory and executory machinery,” the Bench said in its July 22 order.

“To this end, we deem it necessary to direct the Central Electricity Authority, constituted under Section 70 of the Electricity Act, and the Central Electricity Regulatory Commission, constituted under Section 76, to be impleaded as party respondents,” it said, issuing notices to them.

The Bench passed the order while hearing a plea arising out of an order of the National Green Tribunal (NGT) that had come on an application seeking direction to assess climate-related issues while appraising projects for grant of environmental clearance.

It was informed that carbon emissions arising from various sectors namely; construction sites (30%), crop residue management (3%), power generation (8%), waste management, etc. and their impact on climate change. There were several coal-fired power plants in Punjab and Haryana within 300 km of the NCR, the Bench was told.

On behalf of the Centre, senior counsel Swarupma Chaturvedi referred to an affidavit filed by the Ministry of Environment, Forest and Climate Change indicating the plan and steps taken for controlling and regulating carbon emissions arising out of power generation.

The Bench referred to its February 21 order which recognised that climate change has ascended as one of the most existential global predicaments, wielding profound ramifications beyond mere environmental degradation, escalating temperatures, erratic weather patterns, and proliferation of extreme climatic events such as floods, droughts and heat waves.