<div dir="ltr"><div class="gmail_default" style="font-size:large"><br></div><br><div class="gmail_quote"><div dir="ltr" class="gmail_attr">From: <b class="gmail_sendername" dir="auto">Amit Srivastava</b> <span dir="auto"><<a href="mailto:amit@indiaresource.org">amit@indiaresource.org</a>></span><br></div><br>
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<div align="center"><font size="5" color="#FF0000"><b>PRESS: Coca-Cola
Bottler Fined $2 Million, PepsiCo Bottler $1.3 Million for Environmental
Damages in India<br><br>
</b></font></div>
New Delhi (March 4, 2022): Coca-Cola's Indian bottler, Moon
Beverages, has been fined US$ 2 million by the country's highest green
court for causing environmental damages at two of its bottling plants in
India.<br><br>
PepsiCo's bottler, Varun Beverages, has also been found guilty of
damaging the environment and fined US$ 1.3 million by the National Green
Tribunal.<br><br>
The 246 page
<a href="https://greentribunal.gov.in/gen_pdf_test.php?filepath=L25ndF9kb2N1bWVudHMvbmd0L2Nhc2Vkb2MvanVkZ2VtZW50cy9ERUxISS8yMDIyLTAyLTI1LzE2NDU3ODM2MjMyMzMwNzk4NDQ2MjE4YWE0NzhlNjY3LnBkZg==" target="_blank">
judgment</a>, released last Friday, faulted three bottling facilities of
having violated environmental laws by operating without the required
"No Objection Certificate" (NOC) to withdraw ground water which
is issued by the Central Ground Water Authority (CGWA). <br><br>
Furthermore, the National Green Tribunal found both companies to have
violated the terms of its license by not fulfilling its obligations to
recharge ground water - a condition of the last valid license that both
the companies had.<br><br>
The Tribunal wrote that the companies "<i>are responsible for
illegal extraction of ground water at least after expiry of NOCs, issued
to them by CGWA. They continued to extract ground water without any
authority. Further, they are also liable to pay environmental
compensation for causing loss to environment by failing to comply the
most crucial condition of NOCs, i.e., recharge of water</i>."
<br><br>
"<i>Having committed the said default, they are liable to pay
environmental compensation for the said cause/loss, besides other legal
action civil, criminal as the case may be. Thus, PPs shall pay
environmental compensation for abstraction of ground water after expiry
of NOCs and failing to recharge ground water as per the condition of
NOCs</i>", wrote the Tribunal, with PPs referring to the Coca-Cola
and PepsiCo bottlers.<br><br>
Section 15 of the Environment Protection Act 1986 "<i>provides for
environmental compensation in case of illegal abstraction of ground
water. Extraction of ground water for commercial use by industries,
infrastructure units and mining projects without a valid NOC from
appropriate authority shall be considered illegal and such entities shall
be liable to pay environmental compensation for the quantum of ground
water so extracted. Moreover, under Section 16, stricter provisions of
penalty for non-compliance of NOC conditions have also been incorporated
in the revised guidelines</i>," said the Tribunal.<br><br>
Although both Coca-Cola and PepsiCo tout their supposedly exemplary water
conservation achievements around the world, with both companies claiming
to have met fantastic (and mostly impossible) water conservation targets,
the Indian High Court found that PepsiCo only recharged 4% of the water
it was required to (and had agreed to) as a condition of their
license. The Coca-Cola bottler did not even bother to offer any
water recharge numbers to the court, even though it was invited to do
so.<br><br>
The India Resource Center has scrutinized the preposterous claims on
water conservation made by both
<a href="https://theecologist.org/2015/aug/25/never-mind-greenwash-coca-cola-can-never-be-water-neutral" target="_blank">
Coca-Cola</a> and
<a href="http://www.indiaresource.org/news/2011/pepsipositivewater.html" target="_blank">
PepsiCo</a> for over a decade, and found them to be designed primarily
for public relations to deflect criticism of its water management
practices than actually making any concrete changes on the ground.
<br><br>
In a number of meetings with and letters to Indian regulators, the India
Resource Center has also pointed to the ineffectiveness of mandating
water recharge by companies (as a part of their license to operate) in
the
<a href="https://www.indiaresource.org/campaigns/mehdiganj/Letters/LetterCPCBJune32015.pdf" target="_blank">
absence</a> of monitoring mechanisms. <br><br>
The offending Coca-Cola bottling plants are located in Greater Noida and
Sahibabad, and the PepsiCo plant in Greater Noida - all in the state of
Uttar Pradesh and in the suburbs of New Delhi - supplying one of the
largest markets in India for both the companies.<br><br>
The Central Ground Water Authority - the central government's regulatory
agency in India - has also told the court that it will no longer provide
a "No Objection Certificate" to the bottling plants because
they are located in water stressed areas, known as either over-exploited,
critical or semi-critical - depending on the state of the ground water
resource.<br><br>
Although the National Green Tribunal found Coca-Cola and PepsiCo bottlers
guilty of violating Indian laws and penalized them, the court had much
harsher words for the government regulator, the Central Ground Water
Authority, stating that, <i>"CGWA for the reasons best known to it
acted wholly illegally</i>", and pointed to numerous deficiencies in
the Authority's operations. It also called many of the regulations
by the Authority to conserve ground water as "illusory".
<br><br>
The Tribunal also ruled, importantly, that the Central Ground Water
Authority had a mandate to regulate ground water across all states in
India - the Authority had
<a href="https://cgwa-noc.gov.in/LandingPage/GroundWater.htm" target="_blank">claimed</a>
to only have jurisdiction over states which did not have their own
groundwater management legislation. <br><br>
Coca- Cola has been the target of community-led campaigns in India for
causing water shortages and pollution for over a decade. A number
of Coca-Cola bottling plants, including in Plachimada (Kerala), Kala Dera
(Rajasthan), and Mehdiganj (Uttar Pradesh) have been shut down as a
result. Other proposed bottling plants have also been shelved as a
result of proactive protests.<br><br>
"<i>The fines and scrutiny by the National Green Tribunal on
Coca-Cola and PepsiCo's continued violation of environmental laws in
India are welcome. However, the monetary fines are too little for
the global giants to have any deterrent effect. They will continue
to pay such fines to pollute and degrade groundwater. For them, it is
essentially a pay to pollute regime</i>," said Amit Srivastava of
the <a href="http://www.indiaresource.org/" target="_blank">India Resource Center</a>, an
international campaigning organization that has been central to the
successful campaigns to hold Coca-Cola accountable for water abuses in
India.<br><br><br><br>
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