Nawneet Vibhaw
Nawneet Vibhaw is a Partner at Shardul Amarchand Mangaldas & Co and specializes in environmental advisory and environmental disputes, which is a niche practice area in the Indian legal domain.
He regularly appears in environmental matters before the Hon’ble Supreme Court of India and the National Green Tribunal (NGT) and has been advising clients in diverse environment related matters in sectors like cement, pharmaceuticals, chemicals, automotive, construction and real estate, power, fast-moving consumer goods, healthcare, hospitality, mining, oil and gas, steel and waste management. Nawneet has also been advising clients on issues relating to Environment, Social and Governance (ESG) aspects and has served as a member of FICCI’s task force on ESG in the past. At present he is a member of the FICCI sub-committee on Environment.
Nawneet has authored three books on environment, energy and climate change law and policy, all of which have been published by LexisNexis India. He has also been actively contributing to India chapters on Environment and Climate Change in international publications like Getting the Deal Through (GTDT), Legal 500, Lex Mundi’s Global Climate Change Guide and Environment and Climate Change Law Review. Nawneet regularly authors columns and articles and is often quoted on environmental issues in mainstream media and publications such as Economic Times, Financial Express, LiveMint, The Hindu, Fortune India, The Statesman, Business Standard, VCCircle, DNA, Mondaq and Lexology. Due to his keen interest in environmental education, Nawneet has offered regular lectures in Environment, Energy and Climate Change Laws at National Law University Delhi and Jindal Global Law School, Sonepat between 2011 and 2015. He has been involved in several speaking engagements at prestigious seminars and conferences related to environment, sustainability and climate change in India, USA, UK, Australia, Germany, Spain, Philippines and Belgium. Nawneet has also been serving as an Adjunct Professor of Environmental Law at NALSAR University of Law, Hyderabad since March, 2023.
As one amongst the few lawyers in India specializing in Environmental Law practice, Nawneet has gained an enviable experience in dealing with environmental matters. He has been actively advising clients on environmental issues in transactions where he examines regulatory compliance, consents and clearances, historic liability, past regulatory action, instances of non-compliances and identifies issues and challenges to assist the client in addressing them and arriving at an effective long-term solution. He has advised clients across sectors on environmental issues in mergers and acquisitions and similar transactions. Nawneet has been advising clients on their ESG compliance strategies including their ESG policy, audits etc. He regularly assists clients in responding to the notices from the regulatory authorities besides representing them in environmental disputes before the Supreme Court of India, NGT, high courts and other courts and authorities.
Select Experience Statement
Environmental Advisory
- China Export and Credit Insurance Corporation on the regulatory framework regarding emission standards / norms applicable to thermal power plants in India, the policy support and incentives for compliance and the potential liability for non-compliance with these norms.
- A multinational electric car manufacturing company on the environmental consents and approvals and the strategy to be adopted for electrical vehicle manufacturing, servicing and waste management in India.
- Godfrey Philips India Ltd. on the regulatory framework pertaining to the use of single-use plastic and plastic carry bags in its cigarette packaging for domestic consumption as well as for export purposes.
- New Vernon Private Equity Limited on the regulatory obligations of parties in its agreements with waste management companies for the collection, disposal and management of garbage and hazardous waste being generated at its facilities.
- Mitsubishi Electric Asia Pte. Ltd. on preparing its compliance checklist as per the environmental regulatory framework in India.
Read More+
- M/s Onsite Electro Services Private Limited on the regulatory framework pertaining to extended producer responsibility, electronic waste management and circular economy in India.
- Innovasynth Technologies (India) Ltd. on the environmental regulatory framework relating to environmental clearances, consents and authorisations required for setting up its chemical manufacturing unit in Maharashtra.
- Haryana Organics Ltd. on issues relating to the criminal liability of the company and its directors in a matter pertaining to release of pollutants beyond permissible limits from its distillery.
- ARUP India regarding environmental regulatory framework relevant for construction, infrastructure and building sector in India.
- Pepperfry Private Limited on aspects related to Environment, Social and Governance (“ESG”) under the Indian regulatory framework.
- Tata Communications Limited on the regulatory framework pertaining to emission standards for diesel generator sets in India.
- Whirlpool India Limited on the consents and approvals required under the environmental regulatory framework for setting up and operating its service centres in India.
- A leading US multinational on the environmental regulatory framework pertaining to hazardous waste, storm water collection, disposal and potential liability arising due to contamination of storm water.
- A multinational data centre company on the potential liability that could be imposed on the buyer of real estate premises for environmental non-compliances committed by the seller of such premises before the transaction and on other issues relating to clean up and remediation costs.
- An American multinational chemical company on issues relating to applicable emission standards and on various aspects of the environmental regulatory framework in India.
- Several companies on environmental issues in corporate and commercial transactions, especially those relating to the target company, including the regulatory issues and disputes, compliance issues, remediation and past liability.
- Several companies on issues relating to management and handling of plastic waste in light of the extended producer responsibility (EPR) requirements and plastic ban across states. Also advised companies on issues relating to handling of biomedical, electronic, hazardous, construction and demolition wastes. This included advising on issues relating to seeking authorizations from the state pollution control boards (SPCBs) and Central Pollution Control Board (CPCB), responsibilities of various stakeholders including manufacturers, brand owners, producers etc. under various waste management laws.
- A prominent e-commerce company on issues relating to management and recycling of plastic waste used in packaging of their products.
- Companies on issues relating to corporate environmental responsibility (CER) and corporate social responsibility (CSR) and what expenses would be covered under such categories.
- A leading US manufacturer of packaging and labelling material on issues relating to environmental compliance at its manufacturing facility. This included review of consultant’s report and identification of risks and also advising on the strategy to be adopted for mitigating the potential risk due to past non-compliances and shifting the plant to another site.
- One of India’s largest steel manufacturers on issues relating to seeking environmental clearance for expansion of a ‘red category’ industry located in the vicinity of an ecologically sensitive zone.
- Global alcoholic beverages company in a matter pertaining to usage of ground water in water scarce areas.
Read Less-
Environmental Disputes
- Kubota Corporation to conduct an environmental due diligence on Escorts Limited for Kubota’s investment in the Indian company.
- Morgan Stanley Asia Limited by undertaking a due diligence exercise from the perspective of environmental regulatory compliance for its investment in a medical diagnostic company with centres in various states in India.
- Toppan Inc. by undertaking environmental due diligence for its investment in a plastic films and other products manufacturing company in India.
- CPPIB by undertaking an ESG due diligence exercise for its investment in an Indian content and news aggregator company.
Read More+
- MAT Holdings Inc. on various environmental issues associated with the industrial site of the target and the scope of the Phase-II due diligence that was required to be conducted.
- A Swiss multinational to assess the potential environmental liability that could be imposed on the acquirer of an asset in a commercial transaction for environmental non-compliances committed by the seller of such asset before the transaction.
- Apollo Global Management to assess material compliances under the environmental regulatory framework in the acquisition of an aluminium tubes manufacturing company.
- An international investment fund by assessing and advising on the potential liability of the company and its directors for material non-compliances under environmental regulatory framework, in relation to its investment in a cement manufacturing and limestone mining company in India.
- Morgan Stanley Asia Limited by undertaking an environmental due diligence exercise on an Indian pharmaceutical company for a proposed investment in its drug manufacturing units.
Read Less-
Environmental Due Diligence:
- Kubota Corporation to conduct an environmental due diligence on Escorts Limited for Kubota’s investment in the Indian company.
- Morgan Stanley Asia Limited by undertaking a due diligence exercise from the perspective of environmental regulatory compliance for its investment in a medical diagnostic company with centres in various states in India.
- Toppan Inc. by undertaking environmental due diligence for its investment in a plastic films and other products manufacturing company in India.
- CPPIB by undertaking an ESG due diligence exercise for its investment in an Indian content and news aggregator company.
Read More+
- MAT Holdings Inc. on various environmental issues associated with the industrial site of the target and the scope of the Phase-II due diligence that was required to be conducted.
- A Swiss multinational to assess the potential environmental liability that could be imposed on the acquirer of an asset in a commercial transaction for environmental non-compliances committed by the seller of such asset before the transaction.
- Apollo Global Management to assess material compliances under the environmental regulatory framework in the acquisition of an aluminium tubes manufacturing company.
- An international investment fund by assessing and advising on the potential liability of the company and its directors for material non-compliances under environmental regulatory framework, in relation to its investment in a cement manufacturing and limestone mining company in India.
- Morgan Stanley Asia Limited by undertaking an environmental due diligence exercise on an Indian pharmaceutical company for a proposed investment in its drug manufacturing units.
Read Less-
A detailed experience statement can be shared on a confidential basis.
Professional Memberships
- Supreme Court Bar Association
- National Green Tribunal Bar Association
Education
- B.A., LL.B (Hons.), NALSAR University of Law, Hyderabad
- LL.M., Lewis & Clark Law School, Portland, Oregon, USA
