Papers by Shashi Kant Yadav
Climate Law, 2024
This article highlights the importance of differentiating between environmental law and climate l... more This article highlights the importance of differentiating between environmental law and climate law in India, and, in doing so, analyses what counts as climate law in that country. It identifies three overarching approaches (trickle-down; Environmental Impact Assessment as climate law; and human rights law and climate change) that the current literature adopts to study and analyse climate law in India. We argue that none of these approaches comprehensively covers climate change mitigation measures adopted in this country. We propose an alternative approach to the analysis of climate law in India, which we call ‘administrative layering’. Accordingly, we outline a three-step process to identify and conceptualize climate law in India.
Emerging regulatory gaps in fracking-specific water security issues in India: Lessons from the United States ‘Shale Revolution’, 2024
India has characterised shale gas as a transitional energy source and is planning to commercially... more India has characterised shale gas as a transitional energy source and is planning to commercially scale the extraction of shale gas through hydraulic fracturing (fracking). Currently, India has announced 56 fracking projects spread across six Indian states. In doing so, exploration of shale gas resources has started in India. The regulations that govern conventional extraction processes are also applicable to fracking activities. The conflation of fracking with conventional drilling processes in India's regulatory approach may have implications for the country's water security, given the unique risks that fracking poses to water resources. This article analyses India's regulatory framework applicable to fracking-specific water (FSW) issues. In doing so, this article identifies four key paradigms of water security and maps these key paradigms with the US fracking experience, identifying four key FSW issues. Subsequently, this article evaluates if India's multilevel regulatory system regulates the identified four FSW issues. In conclusion, this research finds that before commercially scaling fracking operations, India must conduct a scientific inquiry on the impact of proposed fracking projects on its water resources. In doing so, it must reexamine its regulations at the federal and state levels to comprehensively cover FSW issues.
The Conversation UK, 2021
The European Commission has decided that power plants burning natural gas can be considered gener... more The European Commission has decided that power plants burning natural gas can be considered generators of green energy. This means they can count as sustainable investments along with nuclear power. The commission’s technical rules on sustainable finance classify a list of sustainable economic activities in the EU. Under these guidelines, economic activities that may help EU countries meet their energy needs while shifting from coal power can be considered sustainable.
Journal of Energy and Natural Resources Law, 2020
The hydraulic fracturing (fracking) and groundwater contamination debate started as soon as the c... more The hydraulic fracturing (fracking) and groundwater contamination debate started as soon as the commercial production of shale gas began in the United States. Since then there have been contrasting studies that have analysed the risk of groundwater contamination in carrying out fracking activities. In India, fracking is at its initial stage and therefore considering the groundwater contamination probabilities at the proposed sites, the Indian legislators/regulators may invoke the precautionary principle. This paper analyses the contrasting research over the probability of groundwater contamination, especially through methane migration, at fracking sites. Further, this paper examines the need for applying the precautionary principle, considering the scientific uncertainty prevailing over methane migration and groundwater contamination, to the Indian legal regime applicable to fracking activities.
Global Energy Law and Sustainability , 2021
Indian authorities have formulated and implemented several policies for exploration, production, ... more Indian authorities have formulated and implemented several policies for exploration, production, refining, transportation, and distribution of its Oil & Gas (O&G) resources. With respect to governance of O&G industry, though, the Indian Constitution envisions larger role of Central government, however, the legislative power, over O&G resources, has been in contention between Centre and States over the past seven decades. Moreover, the legislative power of the central government over O&G resources is subject to 'public interest' ensuring that the resources are regulated for common good. The interaction between business policies and public interest, and law-making power between Centre and States have been subject to the Supreme Court's (Court's) review covering the constitutional aspects of O&G sector. These constitutional decisions determined the energy progression in India, especially understanding the 'shape and form' of energy justice in India. The paper analyses the role of the Supreme Court of India in balancing public interest and business policies through mapping of all the constitutional cases and also important administrative matters, consecutively laying down the foundation of distributive energy justice in India.
NUJS Law Review, 2017
The paper maps four decades of coal sector litigation before the Supreme Court of India and draws... more The paper maps four decades of coal sector litigation before the Supreme Court of India and draws a narrative on the constitutional contestation and the legal position as it stands today. Coal is one of the most important minerals from an economic perspective, accounting for over sixty percent of India's energy requirement. The Constitution of India empowers both the Centre and states with legislative powers relating to regulation and control over mines and minerals, including coal. The coal sector has witnessed highly contested and protracted litigation with respect to law-making powers between the Centre and state governments, and this has impacted business and society in many ways. Through a mapping of judicial decisions of Supreme Court, the contested nature of governance of Indian coal sector is detailed in the paper. The Court has consistently maintained a greater responsibility of regulating mines and mineral development on the Union government. However, advocating sustainable use of coal resources, the Court emphasised that the regulatory power vested with Centre and states must have its basis on public interest and coal must be treated as a material resource of the community.
Economic and Political Weekly, 2018
India is venturing into shale gas fracking with a pursuit to cut down its natural gas export bill... more India is venturing into shale gas fracking with a pursuit to cut down its natural gas export bill significantly. This process poses several challenges concerning “energy-water nexus,” such as mixing of shale fluid with the groundwater, rationing of water in a water-scarce country, and lack of technical know-how of waste-water treatment. These challenges may result in significant problems if not regulated at the exploration stage of the gas. This article highlights legal and policy gaps concerning shale gas exploration process and water usage.
Economic and Political Weekly, 2019
The Aravalli range is considered
the “lungs” of the polluted
National Capital Region. The
failure... more The Aravalli range is considered
the “lungs” of the polluted
National Capital Region. The
failure of Haryana and Rajasthan
governments to rein in the miners
despite the Supreme Court’s orders
to preserve the hills, has resulted
in severe degradation of the hills,
causing many of them to vanish.
Talks by Shashi Kant Yadav
The Swaddle, 2021
At present, water futures are a regional market in California — but it’s a scalable model that ca... more At present, water futures are a regional market in California — but it’s a scalable model that can allow the political-corporate nexus to put price tags on more of the natural resources of India. This will unleash another ghost of capitalism in India pushing millions of financially vulnerable people into a deep water-crisis while allowing the richest 1% to profit off their sufferings. It will also change the financial dynamics of the present world order at a tectonic level. Unregulated water markets will become the most attractive “ease of doing business” feature of a country. Such markets will be the new “cheap labor” of the manufacturing world — but instead of requiring economically vulnerable countries like India to strip off their welfare programs just to stay afloat, unregulated water futures will require such countries to massively ration their water resources among the hands of a few corporations, rather than among their individual citizens.
The Swaddle, 2020
India’s official hashtag in response to Covid19 is #IndiaFightsCorona. Words such as ‘battle,’ ‘w... more India’s official hashtag in response to Covid19 is #IndiaFightsCorona. Words such as ‘battle,’ ‘war,’ ‘fight,’ ‘kill,’ and ‘warrior’ are repeatedly used by the state and media to describe the pandemic. Our fixation with describing pandemics and illnesses using an overly militarized tone is not new. We’ve had the ‘War on Cancer,’ ‘Ebola Wars,’ and ‘Battles with Jaundice.’ However, this excessive use of violence as a metaphor for describing a contagious pandemic like Covid19 can be dangerous, divisive, and at times, fatal.
The Hindu, 2018
On August 1, 2018, the Central government approved a far-reaching policy that allows private and ... more On August 1, 2018, the Central government approved a far-reaching policy that allows private and government players to explore and exploit unconventional hydrocarbons (including shale gas) in contract areas that were primarily allocated for extracting conventional hydrocarbons. Unlike conventional hydrocarbons that can be sponged out of permeable rocks easily, shale gas is trapped under low permeable rocks. Therefore, a mixture of ‘pressurised water, chemicals, and sand’ (shale fluid) is required to break low permeable rocks in order to unlock the shale gas reserves. The process requires around 5 to 9 million litres of water per extraction activity, posing a daunting challenge to India’s fresh water resources.
The Sunday Statesman, 2020
During the winter of 2010, people residing near Amer- ican shale gas extraction sites complained ... more During the winter of 2010, people residing near Amer- ican shale gas extraction sites complained that their
domesticsupplyofwaterwas“catch- ing fire”. Subsequent scientific inves- tigations revealed that the water was contaminated with a highly flammable gas -- methane, a major component of shale gas. This revelation fuelled a debate over the costs and benefits of extracting shale (natural) gas via ‘hydraulic fracturing’ or ‘fracking’. Cur- rently, more than a dozen countries have banned fracking (including some states in the US). However, in 2020, India exempted industries from obtaining an environmental clearance before exploring natural gases through any method, including fracking.
The Wire
Industries can no longer extract groundwater in India without conducting
an environment impact as... more Industries can no longer extract groundwater in India without conducting
an environment impact assessment of their extraction activities. In a July
20, 2020, order, the National Green Tribunal NGT, directed the Central
Ground Water Authority (CGWA) to stop granting ‘general’ permission for
withdrawal of groundwater by commercial entities. The NGT clarified that
“any groundwater extraction permission should be for specific times and a
specified quantity of water, and not in perpetuity”.
The Ecologist, 2020
Trump's nationalist, populist and anti-science
rhetoric on fracking has shifted the debate to
the... more Trump's nationalist, populist and anti-science
rhetoric on fracking has shifted the debate to
the right, endangering the environment and
public health
The Ecologist, 2020
Corporations in India can explore shale gas reserves without
obtaining environmental clearances.
Thesis Chapters by Shashi Kant Yadav
Central European University , 2021
This research identifies and comparatively analyses different components of the United States (US... more This research identifies and comparatively analyses different components of the United States (US), Australian and Indian cooperative federalist systems that influence the nature and application of the precautionary regulations on water-related risks posed by hydraulic fracturing (fracking)
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Papers by Shashi Kant Yadav
the “lungs” of the polluted
National Capital Region. The
failure of Haryana and Rajasthan
governments to rein in the miners
despite the Supreme Court’s orders
to preserve the hills, has resulted
in severe degradation of the hills,
causing many of them to vanish.
Talks by Shashi Kant Yadav
domesticsupplyofwaterwas“catch- ing fire”. Subsequent scientific inves- tigations revealed that the water was contaminated with a highly flammable gas -- methane, a major component of shale gas. This revelation fuelled a debate over the costs and benefits of extracting shale (natural) gas via ‘hydraulic fracturing’ or ‘fracking’. Cur- rently, more than a dozen countries have banned fracking (including some states in the US). However, in 2020, India exempted industries from obtaining an environmental clearance before exploring natural gases through any method, including fracking.
an environment impact assessment of their extraction activities. In a July
20, 2020, order, the National Green Tribunal NGT, directed the Central
Ground Water Authority (CGWA) to stop granting ‘general’ permission for
withdrawal of groundwater by commercial entities. The NGT clarified that
“any groundwater extraction permission should be for specific times and a
specified quantity of water, and not in perpetuity”.
rhetoric on fracking has shifted the debate to
the right, endangering the environment and
public health
Thesis Chapters by Shashi Kant Yadav
the “lungs” of the polluted
National Capital Region. The
failure of Haryana and Rajasthan
governments to rein in the miners
despite the Supreme Court’s orders
to preserve the hills, has resulted
in severe degradation of the hills,
causing many of them to vanish.
domesticsupplyofwaterwas“catch- ing fire”. Subsequent scientific inves- tigations revealed that the water was contaminated with a highly flammable gas -- methane, a major component of shale gas. This revelation fuelled a debate over the costs and benefits of extracting shale (natural) gas via ‘hydraulic fracturing’ or ‘fracking’. Cur- rently, more than a dozen countries have banned fracking (including some states in the US). However, in 2020, India exempted industries from obtaining an environmental clearance before exploring natural gases through any method, including fracking.
an environment impact assessment of their extraction activities. In a July
20, 2020, order, the National Green Tribunal NGT, directed the Central
Ground Water Authority (CGWA) to stop granting ‘general’ permission for
withdrawal of groundwater by commercial entities. The NGT clarified that
“any groundwater extraction permission should be for specific times and a
specified quantity of water, and not in perpetuity”.
rhetoric on fracking has shifted the debate to
the right, endangering the environment and
public health