Environmental information appeal rejected

29th September 2017

P11 rejected istock 499662937

Related Topics

Related tags

  • Pollution & Waste Management



An appeal against the decision of the Upper Tribunal disputing the extent of “environmental information” in the Environmental Information Regulations 2004 (EIR) has been dismissed, in the case of Department for Business, Energy and Industrial Strategy v Information Commissioner and another.

Mr Alex Henney requested information from, what was at the time, the Department for Energy and Climate Change in a Project Assessment Review about the communications and data component of the UK government’s Smart Meter Programme as “environmental information”. The Upper Tribunal held that the information requested was “environmental information”.

The argument between the parties in this appeal was about when and whether information on a measure, which does not in itself affect the state of the elements of the environment or the factors referred to specifically in the EIR, can be information “on” another measure that does.

Lord Justice Beatson made reference to Directive 2003/4/EC on public access to environmental information, under which the EIR was made. This sets out the requirement that citizens have access to information to enable them to participate in environmental decision-making more effectively, and the contribution of access to a greater awareness of environmental matters and, eventually, to a better environment.

It was concluded that among other things the “very broad language” used in Directive 2003/4/EC indicated that the information in question would be “environmental information” under the EIR, and the appeal was dismissed.


Subscribe to IEMA's newsletters to receive timely articles, expert opinions, event announcements, and much more, directly in your inbox.

Transform articles

Latest environmental legislation round-up

Regulatory gaps between the EU and UK are beginning to appear, warns Neil Howe in this edition’s environmental legislation round-up

4th April 2024

Read more

Around 20% of the plastic recycled is polypropylene, but the diversity of products it protects has prevented safe reprocessing back into food packaging. Until now. David Burrows reports

3rd April 2024

Read more

A hangover from EU legislation, requirements on the need for consideration of nutrient neutrality for developments on many protected sites in England were nearly removed from the planning system in 2023.

2nd April 2024

Read more

Campaign group Wild Justice has accused the UK government of trying to relax pollution rules for housebuilders “through the backdoor”.

14th February 2024

Read more

Stella Consonni reports on the existing legal framework and the main challenges

15th January 2024

Read more

David Burrows on the stolen concept of a circular economy, and how reduction must be at the heart of product design

30th November 2023

Read more

Zero Waste Scotland is focused on closing the energy sector’s circularity gap. Kenny Taylor reports on progress so far

28th November 2023

Read more

Media enquires

Looking for an expert to speak at an event or comment on an item in the news?

Find an expert

IEMA Cookie Notice

Clicking the ‘Accept all’ button means you are accepting analytics and third-party cookies. Our website uses necessary cookies which are required in order to make our website work. In addition to these, we use analytics and third-party cookies to optimise site functionality and give you the best possible experience. To control which cookies are set, click ‘Settings’. To learn more about cookies, how we use them on our website and how to change your cookie settings please view our cookie policy.

Manage cookie settings

Our use of cookies

You can learn more detailed information in our cookie policy.

Some cookies are essential, but non-essential cookies help us to improve the experience on our site by providing insights into how the site is being used. To maintain privacy management, this relies on cookie identifiers. Resetting or deleting your browser cookies will reset these preferences.

Essential cookies

These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website.

Analytics cookies

These cookies allow us to recognise and count the number of visitors to our website and to see how visitors move around our website when they are using it. This helps us to improve the way our website works.

Advertising cookies

These cookies allow us to tailor advertising to you based on your interests. If you do not accept these cookies, you will still see adverts, but these will be more generic.

Save and close