Supreme Court Grants Pollution Control Boards Power to Impose Restitutionary Damages

• The Supreme Court has declared the power of Pollution Control Boards to impose and collect restitutionary damages to restore polluted air and water bodies to their original state.

• The power is to be enforced only after issuing necessary subordinate legislation, such as rules and regulations under the Water and Air Acts.

• The power is based on the polluter pays principle, ensuring the responsibility for repairing the damage lies with the offending industry.

• The Boards have broad statutory mandates to prevent, control, and abate water and air pollution.

• The laws allow the Boards significant flexibility in deciding the nature of directions.