ENVIRONMENTAL JUSTICE STORIES & STRUGGLES THE LEGAL AFTERMATH OF MUMBAI OIL SPILL CASES 2010-11

Abstract

The preliminary aim of the study pertains to the comparative analysis of the incidents of ‘Deepwater Horizon- BP Gulf of Mexico Oil Spill’ and the several accidents called as, ‘Mumbai Oil spill cases’ that took place in the year 2010 by assessing the legal and ecological consequences arising out of the negligence of the private actors. The research study has incorporated methodological and analytical approaches towards the nature and extent of liability being imposed in the cases of ‘International Marine-based Oil Pollution’ by the examination of the issue of propriety of capping the liability limits against the private parties in the events of such disasters. The research study has assessed the data collected by the organizations such National Institute of Oceanography (NIO), National Environment Engineering Research Institute (NEERI), Maharashtra Pollution Control Board (MPCB) etc. in order to conceptualize the diverse dimensions of the issue in light of the recent judgement passed by the National Green Tribunal in the case of Samir Mehta vs. Union of India imposing an exemplary fine of Rs.100 crores on the private actors based upon the ‘Polluter to pay’ principle.