This week marked a continuation of the Supreme Court hearings regarding the plea by Vedanta, the Indian multinational mining company, for the reopening of its Sterlite copper plant in Tamil Nadu’s Thoothukudi. The hearings, presided over by a bench comprising Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra, focused on a special leave petition filed by Vedanta Limited against an August 2020 Madras High Court ruling. This ruling dismissed a batch of pleas by the company challenging the closure of its copper plant in Tuticorin and other consequential orders passed by the Tamil Nadu Pollution Control Board (TNPCB).

During the proceedings, the idea of forming an expert committee was mulled over by the apex court. The committee, as emphasized by the court, would facilitate an objective evaluation considering both Vedanta’s investment interests and the welfare of the public in the region. Chief Justice Chandrachud suggested an independent verification of the conditions to be imposed on the mining company to ensure compliance with environmental norms and additional safeguards. This suggestion received agreement from Senior Advocate Shyam Divan, representing Vedanta Limited.

Divan proposed that the expert committee should include representatives from various stakeholders, including government bodies like the environment ministry and TNPCB, as well as independent experts. He further suggested appointing a retired Supreme Court judge as the chairperson to streamline the process. The committee would be tasked with submitting a report within a month recommending conditions for the resumption of operations at the copper smelter.

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However, the State of Tamil Nadu questioned the necessity of appointing an expert committee, citing detailed findings already rendered by the Madras High Court in an 800-page judgment. The state argued that the plant’s closure was justified due to extensive pollution in the surrounding area, despite recommendations for corrective actions.

Various issues were argued during the hearings, including challenges to the state government’s decision regarding the renewal of Consent to Operate (CTO) for the copper plant, concerns about hazardous waste management, groundwater pollution allegations, and compliance with ambient air quality analysis requirements, among others. Vedanta defended its position on these issues, highlighting its efforts to comply with regulations and the plant’s significance for India’s copper supply and economy.

The legal battle surrounding the Sterlite plant has seen multiple phases, including orders from the TNPCB, appeals to the National Green Tribunal (NGT), and decisions by the Madras High Court. Despite the plant’s closure, Vedanta Limited was granted permission by the Supreme Court during the COVID-19 crisis to operate its oxygen production unit temporarily to address oxygen shortages in the country.

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