Environmental information regulation

Access to information is a critical component of a modern democracy. Ensuring that individuals, communities, businesses and other organisations have the opportunity to request and receive public documents is essential for effective participation in public life and it helps to make government and governance more efficient, open and transparent. The right to receive and impart information subject to appropriate exceptions is found in the Article 10 right under the European Convention on Human Rights and Fundamental Freedoms 1950: Freedom of Expression.

The right of access to environmental information is a key international norm found for instance, in Principle 10 of the Rio Declaration on Environment and Development 1992 which provides that:

‘Environmental issues are best handled with the participation of all concerned citizens, at the relevant level. At the national level, each individual shall have appropriate access to information concerning the environment that is held by public authorities, including information on hazardous materials and activities in their communities, and the opportunity to participate in decision-making processes. States shall facilitate and encourage public awareness and participation by making information widely available. Effective access to judicial and administrative proceedings, including

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Latest Public Law News

Scottish Government publishes Disability Equality Plan

The Scottish Government has published its Disability Equality Plan. Developed in collaboration with core funded Disabled People’s Organisations, the plan sets out a range of actions intended to embed disability competence within the Scottish Government and improve outcomes for disabled people through evidence-based policy development and accountability measures. The document details actions and next steps, including a phased approach to enhancing the Public Sector Equality Duty (PSED) regime in Scotland, which will include efforts to ‘improve’ the Scottish PSED specific regulations within the limits of devolved competence. The plan also mentions use of legislative and non-legislative means to deliver social care reform, including legislation to reform information records and standards, and procurement. A progress report is anticipated in 2026, along with a new Disability Equality Plan.

Damages are an adequate remedy in procurement dispute despite no sufficiently serious breach (Millbrook Healthcare Ltd v Devon County Council)

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Greenhouse gas emissions under scrutiny in development consent order decision (R (Boswell) v Secretary of State for Energy Security and Net Zero and others)

Planning analysis: The Court of Appeal has dismissed the claimant’s appeal in which he sought a statutory judicial review of the Secretary of State (SoS)’s decision to grant permission for a gas power station with carbon capture and storage at Teeside. The appeal focused on three grounds, all concerned with the way the decision assessed and weighed in the balance the greenhouse gas emissions associated with the development. These had been acknowledged to be significant for environmental impact assessment (EIA) purposes and had been given significant weight in the planning balance. The first ground alleged an internal logical flaw in the SoS’s reasoning; the second alleged that the SoS had erred in her interpretation or application of a paragraph of the relevant National Policy Statement (NPS); and the third alleged that the SoS failed to reach a reasoned conclusion since she failed to assess the significance of the GHG emissions against a benchmark or other adequate means of contextualisation. All three grounds were rejected in decisive terms by the court. Written by Harriet Townsend KC, barrister, at Cornerstone Barristers.

Wild Justice files application for judicial review of Planning and Infrastructure Bill

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