Electricity Consumers’ rights in relation to Energy Storage Systems under Draft Amendments to the Electricity Rules, 2005

On June 11, 2025, the Ministry of Power has issued draft amendments (“Draft Amendments”) to the Electricity Rules, 2005 (“Rules”) under which changes to Rule 18 of the Rules relating to energy storage systems (“ESSs”) are sought to be made.
Under the current form of the Rules, an ESS may be owned developed, owned, leased or operated by a generating company, a transmission licensee or a distribution licensee, a system operator or an ESS service provider. However, under the Draft Amendments, consumers are also permitted to develop, own, lease and operate ESSs.
Although the amendments may be small, they may impact models for energy delivery and infrastructure investment. Consumers may now have a choice on whether to purchase power from hybrid systems with inbuilt ESS or from an independent ESS service provider or develop its own ESS. For commercial and industrial consumers with large energy needs a captive ESS may offer an interesting proposition and reduce dependence on generating companies.


A Deep Dive into the Draft Guidelines for Virtual Power Purchase Agreements

On May 22, 2025, India’s Central Electricity Regulatory Commission released draft guidelines for virtual power purchase agreements (“VPPAs”), further to an opinion from theSecurities and Exchange Board of India on regulatory jurisdiction. Unlike a ‘physical’ power purchase agreement, which involves the actual delivery of electricity, a VPPA is essentially a bespoke financial contract to hedge against market volatility and other risks. Pursuant to the draft guidelines,the difference between the VPPAprice and the market price will be settled bilaterally between the contractingparties.
In the United States and elsewhere, VPPAs have appealed to a wide variety of corporate buyers, including to meet renewable energy (“RE”) targets, improve sustainability performance and branding, andsecure long-term certainty on electricitycosts and RE intermittency.
While the draft guidelines specify that VPPAs will be non-tradable and non-transferable, the RE involved in a VPPA will be eligible for RE certificate (“REC”) issuances. If the RE generator sells electricity through power exchanges or other authorized modes, it may directly transfer the RECs received to an eligible consumer. Such consumer, in turn, can use such RECs for compliance or green attribute claims.
However, existing regulations on RECs do notprovide for the sale of ‘bundled’ certificates, where RECs can be sold together with their associated RE. This limitation may impact verifiability and ESG claims. The draft guidelines suggest that, apart from statutory certificates issued under REC regulations, no other environmental attribute certificate (“EAC”) may be transferred in a VPPA, potentially compromising the commercial viability of such arrangements.
Global trends indicate that VPPAs need not always include EAC transfers. However, the draft guidelines make REC transfers mandatory in VPPAs. Although transferred RECs can be used for meeting RE consumption targets, they cannot be traded. This may restrict consumers from entering into VPPAs for capacities not supported by RECs.


Environment (Construction and Demolition) Waste Management Rules

Implementation of the Environment (Construction and Demolition) Waste Management Rules, 2025 by Project Developers

The Environment (Construction and Demolition) Waste Management Rules, 2025 (“Construction Waste Rules”) have been recently notified as a response to growing concerns about construction dust pollution from projects across India. The Construction Waste Rules set out an integrated framework for waste management as well as utilization by imposing extended producer responsibility aided by a central interface based online monitoring and compliance assessment. This note analyzes certain key provisions in the Construction Waste Rules, especially from the perspective of infrastructure and real estate developers and contractors, including considerations for risk allocation.


environmental law

Environmental Law: Issue 1 of 2025

Issue 1 of 2025 of our Quarterly Newsletter on Environmental Law covers key judicial and regulatory developments between the months of January and March 2025. In respect of judicial updates, Issue 1 includes judgements and orders of the Supreme Court, High Courts and the National Green Tribunal related to inter-alia color-coded registration plates for diesel and petrol vehicles; investigation into illegal earth mining and unauthorized brick kilns in elephant corridors; coastal regulation zone clearances; wetlands of international importance; and tree-felling restrictions and industrial expansion in the Taj Trapezium Zone.
In addition, Issue 1 also tracks regulatory updates related to inter-alia plastic and battery waste management; end-of-life vehicles; revised classifications in respect of industrial sectors; consent guidelines; standard operating procedure for petrol depots; effluent and emission standards for the caustic soda industry; amendments to environment impact assessment norms in respect of linear projects; and mandatory registration requirements for lead acid battery dealers, refurbishers and recyclers.


clean energy

Clean Energy: Issue 1 of 2025

Issue 1 of 2025 of our Quarterly Roundup Series on Clean Energy covers the period between October 2024 and January 2025. This Issue tracks key regulatory developments in the covered period involving solar and wind generation, green hydrogen/ammonia production, EVs, tariff, and connectivity, and includes miscellaneous updates and key announcements from the Union Budget of February 2025.


nuclear energy in india

The Legal Framework for Nuclear Energy in India: The Way Ahead

Despite significant progress made by India with respect to renewable energy, its nuclear power capacity remains relatively small. Recognizing the necessity of nuclear energy deployment to achieve net-zero targets, including the advantages that such deployment offers over renewable sources of power, the Indian government has renewed its focus on the nuclear sector in the budget announced on February 1, 2025, including through permitting private and foreign investment in the sector.
However, India’s plans to promote private/foreign investment in the nuclear sector require certain changes to the existing legal regime, including with respect to civil nuclear liability. In that regard, the government appears keen to introduce necessary legislative amendments soon. This note aims to discuss current challenges and potential modifications with respect to such laws.


Greenwashing

Greenwashing: An Overview

Companies are responding to rising global demands for environmentally safe products and sustainable practices. However, unverified and unsubstantiated claims in relation to sustainability records and climate change commitments can lead to allegations of ‘greenwashing’ if such marketing tactics are designed to make the public believe that a company is doing more to protect the environment than it really is. ‘Greenwashing’ refers to the practice of misleading consumers, investors and other stakeholders by making false or exaggerated claims or use of misleading words or imagery about a company’s environmental or sustainability-related performance while downplaying or concealing harmful attributes.
This note discusses Greenwashing in India, in particular, greenwashing guidelines issued by regulatory authorities, including the Advertising Standards Council of India and the Central Consumer Protection Authority.


Carbon Border Adjustment Mechanism

Implementation of the EU’s Carbon Border Adjustment Mechanism and its Implications

The European Union’s Carbon Border Adjustment Mechanism (“CBAM”), applicable to imports from ‘third countries’ (i.e., non-EU countries), endeavors to impose a price on emissions in respect of the production and supply of carbon-intensive goods. By ensuring that a price is paid for such embedded emissions, the CBAM aims to make the carbon price of imports equivalent to that of domestic production, especially when third countries do not appropriately impose such price.
Although the CBAM has been mainly presented as a climate measure, it may also end up operating as a unilateral trade restriction designed to protect EU manufacturing. Several countries, including India, have labeled the CBAM as protectionist. While the global implications of the CBAM appear to be diverse, certain countries, including developing and newly industrialized nations, have claimed to be the worst hit, while developed countries are likely to have less carbon-intensive production processes.
The CBAM’s compliance requirements are expected to reduce the profits of Indian exporters in key sectors. Indian manufacturers from key trade-exposed industries (including those that are energy-intensive) are further poised to incur an increase in fuel costs, leading to a decrease in export earnings.
While India has discussed retaliatory measures, it is also pursuing the option of getting its Carbon Credit Trading Scheme, 2023 recognized by the EU and aligning it with the CBAM. Separately, the EU and India are engaged in talks on a proposed Free Trade Agreement, where India has raised concerns about the CBAM being similar to non-tariff barriers.
However, consistent with India’s own goals, the CBAM could also offer potential synergies, including in terms of green hydrogen partnerships and increased renewable energy deployment. Indian producers and exporters could view the CBAM as an opportunity to scale up sustainability-driven practices, including to enhance their positioning in a globally competitive market. Going forward, while carbon reporting and emissions monitoring will be essential, Indian companies should also consider investing in appropriate R&D, including with respect to emerging technologies.


sustainable finance

SEBI’s New Framework for Sustainable Finance: A Review Beyond Environmental Sustainability

In order to expand the asset class for which Indian entities can issue and list debt securities with a purpose of using the proceeds for developing sustainable projects, the Securities and Exchange Board of India recently amended the Securities and Exchange Board of India (Issue and Listing of Non-Convertible Recently Securities) Regulations of 2021 (“NCS Regulations”) on December 11, 2024. Previously, the framework under the NCS Regulation only covered issuances of green debt securities. The amendment has introduced the concept of ESG debt securities, which now includes a framework for issuances of social bonds, sustainability bonds, sustainability linked bonds and green debt securities under its ambit.
This note discusses the amendment in light of India’s commitment towards reducing its intended nationally determined contributions together with the implications for listed issuances of the ESG debt securities by Indian corporates to potential domestic and foreign investors as well as highlights the gaps in the current form of the NCS Regulations.


clean energy

Clean Energy: Issue 3 of 2024

Issue 3 of 2024 of our Quarterly Roundup Series on Clean Energy covers the period between July and September 2024 and tracks key regulatory developments at both central and state levels in solar and wind generation, green hydrogen/ ammonia production, EVs, tariffs, connectivity and other miscellaneous updates.