On Monday, February 16, 2026, a three-judge Bench of the Supreme Court decided to review writ petitions and appeals about ex post facto environmental clearances for construction and public projects. The Bench, led by Chief Justice of India Surya Kant, scheduled a detailed hearing for February 25. The CJI made it clear the court will not allow any adjournments on that day. Earlier, on May 16, 2025, a Division Bench struck down the Centre's grant of retrospective environmental clearances, calling it a “gross illegality” and an “anathema.” But a later three-judge Bench in November 2025, led by retired Chief Justice B.R. Gavai, recalled that verdict. The majority opinion said continuing the May judgment could have a “devastating effect” and waste “thousands of crores of rupees” invested in infrastructure. Justice K. Vinod Chandran supported the majority view. Justice Ujjal Bhuyan dissented, calling the majority’s opinion an “innocent expression of opinion” that ignored key environmental law principles. The November 2025 judgment restored writ petitions, including one by NGO Vanashakti, for fresh consideration. Petitioners led by senior advocates Sanjay Parikh and Gopal Sankaranarayanan argued the November ruling only recalled the May judgment and did not decide on the key Office Memorandums (OMs) from 2017 and 2021, which supported the government's ex post facto clearance system. The November judgment mentioned the May 2025 Bench lacked several past judicial precedents when striking down the OMs. Solicitor General Tushar Mehta, representing the Steel Authority of India, said the May 2025 judgment halted important public projects such as an airport in Karnataka. Senior advocate P. Wilson and Tamil Nadu Advocate General P.S. Raman added a 218-crore cancer hospital and a District Collectorate office construction were also abruptly stopped due to the earlier judgment.