What is environmental information, and when do the EIR apply instead of FOI?
Environmental information is any information on the state of the environment, factors and measures affecting it, and related reports, analyses and human health and safety. Requests for it must be handled under the Environmental Information Regulations, not FOIA, and the EIR have a presumption in favour of disclosure and can be made verbally.
What it is
The definition is broad: it covers air, water, soil, land, landscape and biodiversity; emissions, noise, energy and waste; and policies, plans, legislation and agreements likely to affect them, including cost-benefit analyses. Scottish authorities use the EIRS 2004, which mirror the EIR.
When the EIR apply
- The information is on the state of the elements of the environment or factors affecting them. EIR reg 2(1)(a)-(b)
- It is on measures, including policies, plans and agreements, affecting or likely to affect the environment. EIR reg 2(1)(c)
- It is a report, cost-benefit or economic analysis about those measures, or on human health and safety as affected by them. EIR reg 2(1)(d)-(f)
How it differs from FOI
- Requests can be verbal. EIR reg 5
- There is no cost limit; instead a request can be manifestly unreasonable. EIR reg 12(4)(b)
- All exceptions are subject to the public interest test, with a presumption in favour of disclosure. EIR reg 12(1)-(2)
- An internal review is mandatory if requested. EIR reg 11
Who is responsible
The public authority, which must identify environmental information in a request and apply the EIR to it.
What it involves
- Identify which parts are environmental.
- Respond within 20 working days, or 40 for complex and voluminous requests.
- Apply exceptions with the public interest test.
- Offer an internal review.
Timing
20 working days, extendable to 40 for complex and voluminous requests (reg 7).
If it goes wrong
- Regulatory
- The requester can complain to the regulator, which issues a decision notice requiring the authority to act. Either side can appeal to the First-tier Tribunal (General Regulatory Chamber), then on a point of law to the Upper Tribunal. Failing to comply with a notice can be certified to the High Court and dealt with as contempt.
- Criminal
- Altering, destroying or concealing records with intent to prevent disclosure is an offence under EIR reg 19.
- Civil
- No right to compensation. Enforcement runs through the regulator and the tribunal.
Go further
- The law
- EIR 2004, EIRS 2004
- Procedures
- EIR request response (EIR 2004), Scottish FOI and EIR response (FOISA 2002, EIRS 2004)
- Checklists
- EIR request response (EIR 2004)
- Tools
- Which access regime applies?
- Glossary
- Environmental information
More on freedom of information and environmental information
- What is a freedom of information request, and how long does an authority have?
- Who counts as a public authority for FOI and the EIR?
- What is the public interest test in FOI?
- What does "neither confirm nor deny" mean?
- When can an authority refuse an FOI request on cost?
- What is a vexatious request?
- What is an internal review, and when must an authority carry one out?
- What is a publication scheme, and who needs one?
- Does FOIA or FOISA apply to a Scottish body?
- How do you complain or appeal about an FOI response?
Sources
- Primary Environmental Information Regulations 2004, regulation 2 legislation.gov.uk
- Primary Environmental Information Regulations 2004, regulation 5 legislation.gov.uk
- Primary Environmental Information Regulations 2004, regulation 12 legislation.gov.uk
- Primary Environmental Information (Scotland) Regulations 2004, regulation 2 legislation.gov.uk
Updated