Law Updates

The Ministry of Environment, Forest and Climate Change (MoEFCC) has released a draft notification on 3rd October 2025. The notification proposes exempting Common Municipal Solid Waste Management Facilities (CMSWMF) from the requirement to obtain prior Environmental Clearance (EC) under the EIA Notification 2006. CMSWMF are important facilities that handle solid waste and help protect the environment. They prevent pollution of soil, water, and air while promoting safe waste treatment. These facilities also support the circular economy by converting waste into useful products, such as compost, energy, and recycled raw materials. Currently, such projects are already regulated under strong environmental laws like the Water Act, 1974, and the Air Act, 1981. The State Pollution Control Boards (SPCBs) and the Central Pollution Control Board (CPCB) monitor, inspect, and enforce compliance. 

The Solid Waste Management Rules, 2016, also provide detailed criteria for site selection and operations. The CPCB has further classified these facilities under the “blue category” industries that provide essential environmental services. To encourage these services, CPCB has also granted benefits such as extended validity for consent to operate. With this draft notification, MoEFCC aims to remove the duplication of clearances and speed up the establishment of waste management facilities. However, strict environmental safeguards will continue under SPCB and CPCB monitoring. This step supports sustainable development, strengthens solid waste management in India, and ensures faster growth of eco-friendly infrastructure without reducing environmental protection.

The Ministry of Environment, Forest and Climate Change has issued a draft notification intending exemption of Common Effluent Treatment Plants (CETPs) from the requirement of prior Environmental Clearance (EC) under the EIA Notification, 2006. Traditionally, CETPs were listed under item 7(h) requiring mandatory EC. However, industries across sectors like pharmaceuticals, chemicals, textiles, paints, fertilizers, and electroplating have modernized their effluent treatment systems, adopting Zero Liquid Discharge (ZLD) and other advanced technologies. These improvements enable better waste management, operational efficiency, and regulatory compliance.

The exemption intends to promote the establishment of CETPs as cost-effective, centralized facilities promoting collective responsibility and environmental accountability. While EC will not be mandatory, CETPs must comply with environmental safeguards enforced through the Consent to Establish/Operate mechanism under the Water and Air (Prevention and Control of Pollution) Acts, 1974 and 1981. The decision follows recommendations by the Expert Appraisal and Expert Advisory Committees, reflecting a balance between industrial growth, technological advancement, and environmental protection.

The Ministry of Agriculture and Farmers Welfare has notified the Fertilizers (Inorganic, Organic or Mixed) (Control) Eleventh Amendment Order, 2025 under the Essential Commodities Act, 1955. The amendment updates Schedule VI, Part D of 1985. The amendment updates Schedule VI, Part D of the 1985 Fertiliser Control Order, presenting supplementary practices for testing significant substances in fertilisers.

New parameters involve the estimation of salicylic acid, cytokinin, carbohydrates, starch, cellulase activity, eugenol, folic acid (vitamin B9), homobrassinolide, and vitamin B3 (niacin) using innovative High-Performance Liquid Chromatography (HPLC) and Gas Chromatography techniques. These updated measures specify equipment, reagents, preparation methods, and calculation formulas to ensure accuracy and consistency in testing.

The amendment intends to improve quality control, encourage scientific testing standards, and boost traceability in fertiliser analysis. By aligning testing practices with global analytical protocols, the government aims to ensure product safety and maintain uniformity across laboratories. The Order takes effect from the date of its publication in the Official Gazette.

The Government of India has extended the Remission of Duties and Taxes on Exported Products (RoDTEP) Scheme until March 31, 2026. This extension applies to exports from Domestic Tariff Area (DTA) units, Advance Authorisation (AA) holders, Special Economic Zone (SEZ) units, and Export Oriented Units (EOUs). 

Under this scheme, exporters receive refunds for embedded non-creditable central, state, and local levies on inputs used in production. This ensures that taxes are not exported, enhancing the global competitiveness of Indian products. The existing RoDTEP rates and per-unit value caps remain unchanged. 

However, the operation of the scheme is subject to the budgetary framework provided under Paragraph 4.54 of the Foreign Trade Policy 2023, ensuring that remissions during the financial year are managed within the approved allocation. For detailed information on eligible export items and applicable rates, exporters can refer to Appendix 4R (for DTA units) and Appendix 4RE (for AA/SEZ/EOU units). 

This extension provides continued support to exporters, offering policy certainty and aiding in maintaining the momentum of India's export sector amid global trade challenges.

The Directorate General of Foreign Trade (DGFT) has revised the SCOMET (Special Chemicals, Organisms, Materials, Equipment, and Technologies) List under Appendix-3 of Schedule-II of ITC(HS) 2022. This update aligns India's export control framework with international standards, enhancing non-proliferation measures and addressing emerging technologies. The revised list includes new items under Category 7, covering certain emerging technologies and related items. To ensure a smooth transition, the changes will come into effect 30 days from the date of the notification, allowing stakeholders adequate time to comply. The updated list will be available on the DGFT website under the "Regulatory Updates" section.

The Directorate General of Foreign Trade (DGFT), under the Ministry of Commerce and Industry, has issued a notification updating the export policy for De-Oiled Rice Bran (DoRB) with immediate effect. Previously, exports under ITC HS codes 2302.40.00, 2306.90.19, 2306.90.29, and 2306.90.90 were prohibited until 30th September 2025. The DGFT has now allowed free export of all types of De-Oiled Rice Bran, including bran from cereals and oil-cake residues from other seeds, both expeller and solvent-extracted varieties. This amendment provides new international market opportunities, supports the rice processing and oil industry, and aligns with the Foreign Trade Policy 2023. Exporters can now legally ship DoRB without restrictions. This change strengthens India’s presence in global rice by-product markets and encourages growth in trade and revenue potential for businesses in the sector.