Delhi High Court Directs The Ministry of Environment to notify the Plastic Waste Management Amendment Rules, 2021 within 2 months by July 31st, 2021

The Single Judge Bench of Justice Prathiba M Singh of Delhi High Court has directed the Ministry of Environment to notify the Plastic Waste Management Amendment Rules, 2021 within 2 months by July 31st, 2021 by taking into consideration the suggestions made by the various stakeholder & establish a framework for Plastic Waste Management.  

Directions have also been issued to:

• The petitioners to submit an Action plan in terms of Form-1, for collecting and for the disposal of plastic waste etc. in terms of the Rules which are currently existing, and in compliance with the Action plan of 2019.
• To the extent that there is any inconsistency between the Action plan of 2019 and the present SOP, all members of the Petitioner association, to endeavour submitting their plans to the best extent possible. 
• Not take any coercive steps against the petitioner & their members for violation of SOP under challenge until and unless the final Waste Management Rules, 2021 are notified by the Ministry of Environment

The directions were issued in light of petition filed assailing the Standard Operating Procedure (hereinafter, “SOP”) for Registration of Producers, Importers & Brand-Owners (PIBOs), under the Plastic Waste Management Rules 2016 (as amended from time to time), dated March, 2021, issued by the Central Pollution Control Board (hereinafter ‘CPCB’) & the notice for registration under the SOP issued on 6th April, 2021 by the CPCB.

The Court while observing that in order to ensure implementation of “Polluter Pays” principle & that industries take care of the pollution that created by their actions, the Plastic Waste Management Rules had to be given effect to but there had to be clarity in the manner in which the implementation of the Plastic Waste Management was to take place.

Further, the Court has directed the Petitioner association, as also its members, to submit their respective Action plans, on or before 1st July, 2021, under the existing regime sans the SOP under challenge. The Petitioners/its members and the Ministry of Environment have further been directed to submit a status report showing the progress in terms of the directions given above by 10th August, 2021. 

The matter is now listed for 24th August, 2021. 

Case Title: Cement Manufacturers Association & Ors. V. Union Of India Through: Secretary Ministry Of Environment Forests Climate Change & Anr| W.P.(C) 5191/2021