The document discusses access to environmental information and the right to environmental information under EU law. It provides an overview of the key aspects of the Access to Environmental Information Directive, including what environmental information can be requested, who can make requests, the obligations of public authorities to grant access to information and organize environmental information, exceptions to granting access, and avenues for administrative and judicial remedies. It emphasizes that the directive establishes a fundamental right of access to environmental information that should be interpreted broadly in order to increase public awareness and participation in environmental decision making.

1. Who Knew?
Access to Environmental Information
How EU law ensures the public has a right to know about
environmental matters

3. Rocket science

4. Not Rocket Science

5. What is AIE?
Access to environmental information on request
Set of obligations on public authorities to organise and
disseminate environmental information and to
progressively use electronic means to do so
Obligation to make information available where there is an
imminent threat to human health or the environment.

6. The fact of the matter is that the Directive, and the AIE
Regulations, provide for a fundamental right of access to
environmental information.
Faherty J – Right to Know v An Taoiseach [2018] IEHC 372

7. A word about interpretation
• AIE regulations, like a lot of EU law, is designed to be
interpreted purposively
• AIE is designed to contribute to greater awareness, a free
exchange of views, more effective participation in decision
making and eventually to a better environment
• Broad right of access but not unlimited
• Limited number of exceptions to be interpreted restrictively
• Even where exception engaged public interest favouring
release must be considered
• Exempt information to be separated – partial release
• Each request/piece of information to considered individually
• Overriding public interest in access to information on
emissions into the environment

8. Any decision on a request for environmental information
must reflect the fact that the process of engagement with the
request (whatever the ultimate outcome) was conducted in
accordance with the letter and spirit of the Directive.
Faherty J – Right to Know v An Taoiseach [2018] IEHC 372

9. Who has this right?
Natural persons – e.g. individuals
Legal persons – e.g. companies
Associations, organisations and groups –
e.g. NGOs, residents’ associations

10. What can I get?
• Concept of “Environmental Information”
• Any information in written, visual, aural, electronic or
any other material form on
a) State of the elements of the environment
b) Factors affecting or likely to affect the elements
c) Measures and activities affecting or likely to affect the
factors and elements or designed to protect them
d) Reports on implementation of environmental legislation
e) Cost benefit and other economic analyses used within the
framework of measures and activities
f) State of human health and safety, conditions of human life
… as they may be affected by the state of the elements,
factors and measures and activities

11. Any information …. on
• To be considered purposively
• For information not intrinsically environmental this
creates confusion
• Look at:
• The purpose for which the information created
• How important is the information for that purpose
• How is it to be used
• Would access advance the purpose of the AIE Directive
• Can look at the wider context if necessary

12. “The document in question must have graduated from
simply being an academic thought experiment into
something more definite such as a plan, policy or
programme – however tentative, aspirational or conditional
such a plan or policy might be – which, either intermediately
or mediately, is likely to affect the environment.
This does not mean, however, that the Commissioner is
required to make a judgment as to whether the plan or policy
is ever likely to be put into effect and in that sense is or is
not likely to affect the environment.”
Hogan J – Minch v Commissioner for Environmental
Information [2017] IECA 223
Likely to affect

13. Who has to grant access?
• Concept of “Public Authority”
a) Government
b) Bodies performing public administrative functions
(special powers)
c) Bodies with public responsibilities or functions or
providing public services under the control of an (a)
or (b) public authority
Option to exclude:
Bodies acting in a judicial or legislative capacity or where
no provision for administrative or judicial review on date
of adoption of directive

14. How can I get it?
• Email
• Letter
• In person?
• Phone?
• Social Media?
• Do you have to know the right exists to use it?

15. Is there information I can’t get?
• Administrative exceptions
• Not held
• Manifestly unreasonable
• Request too vague
• Material in the course of completion
• Internal communications
• Would adversely affect
• Confidentiality of proceedings of public authorities
• International relations
• Course of justice
• Commercial confidentiality
• IP rights
• Personal data
• Interest of person voluntarily supplying information
• Protection of the environment

16. Some other unusual features
• Emissions override – very limited exceptions
• Nature and extent of actual or foreseeable emissions
under normal conditions
• Check that emissions are accurately assessed (via public
participation)
• Effect of the emissions
• Administrative and judicial remedies
• Special costs rules – litigation is not prohibitively
expensive
• Communication to Aarhus Convention Compliance
Committee

17. Imminent Threat

18. AIE to Cork Co Co

20. Residents association – Derelict Site

22. Environmental responsibilities often
come with obligation to generate
information
• SEA – monitoring results
• Registers – e.g. Derelict Sites Register
• Clean Air Directive
• In this context, those authorities are required to base
their decisions on sound scientific data and, as set out in
Section D of Annex III to Directive 2008/50, to prepare
comprehensive documentation that includes evidence
supporting the choice of the location of all monitoring
sites. That documentation must be updated regularly to
ensure that the selection criteria remain valid.

23. Meath County Council – SEA Breach

24. Go make a ruckus – File some AIEs