The Kerala High Court on Tuesday sought responses from the Union government, the Ministry of Environment, Forest and Climate Change (MoEFCC), and the Director General of Shipping (DGS) on the timeline and mechanism for conducting an independent long-term impact study on the wreckage of the Liberian-flagged vessel MSC Elsa 3, which capsized off the Kerala coast.

A Division Bench of Justice Raja Vijayaraghavan V and Justice K V Jayakumar was hearing a batch of public interest litigations raising concerns over marine pollution, navigational hazards and the impact on coastal livelihoods.

The court noted from reports placed before it that 475 of the 643 containers aboard the vessel remain trapped under the wreck, while 72 containers have washed ashore along the Kerala and Tamil Nadu coasts and 96 are lying on the seabed. The cargo included hazardous materials such as calcium carbide, plastic nurdles, rubber chemicals, along with bunker oil, marine diesel and lubricants.

Expressing concern over the long-term environmental impact, the Bench observed that damaged containers and leaking nurdles could pose risks to marine ecosystems, fisheries and exports. The judges also raised concerns about containers carrying calcium carbide and quick lime, noting that rough sea conditions and the monsoon could worsen the situation.

The court questioned the assumption that the incident involved only an oil spill, pointing out that the larger issue was the wreck itself and the environmental risks posed by submerged containers and residual cargo.

It also sought clarification from the DGS on how it concluded that the oil recovery operation, reportedly completed on September 24, 2025, had been successfully carried out and whether all recovery and mitigation measures complied with environmental and safety standards.

Noting that reports submitted by marine consultants engaged by MSC had concluded that the wreck posed no significant environmental or navigational threat, the court asked the DGS whether those findings had been independently verified. It directed the DGS to state whether any independent consultant had been appointed to assess the reports and to clarify whether the wreck and submerged containers could pose long-term environmental or navigational risks.

The Bench further noted that although government records referred to the need for a comprehensive and independent environmental impact assessment under the supervision of the MoEFCC and other scientific institutions, no material had been produced to show that such a study had been undertaken.

The DGS was directed to explain how such an assessment would be carried out, identify the institutions competent to conduct it and specify a timeframe for completion.

Since the DGS stated that environmental assessment falls within the domain of the MoEFCC, the court directed the Additional Solicitor General to obtain instructions from the Union government and place its stand on record. The MoEFCC was also suo motu impleaded as a party to the proceedings.
The matter has been posted to June 23.
(With Live Law inputs)