Ireland’s Courts have ruled that Energy Generators are subject to Environmental Information Regulations and the Aarhus convention under EU Law. In January 2021, the court overturned a Decision by the Information Commissioner that Energy Generators were not subject to EIR/FOI Regulations.
This is very applicable here in the UK. Although we have left the EU, we are a separate co signatory to the Aarhus convention and our FOI and access to Environmental Information Regulations are based not just on EU Law but the Aarhus convention.
Our current Environmental Information Regulations EU Directives and are quite clear that ‘energy’ in many forms constitutes an environmental matter which will be encompassed by these Regulations.
This ruling upholds the UK ICO Decision of February 2020 that Energy Generators are public service providers and therefore subject to these Regulations. ( I previously posted about this on this page).
This means that the public can make direct requests for information from Renewable Energy Generators , even though those companies may tell you that they are not subject to FOI/EIR. (This has happened to me in a recent Tribunal case with Community Windpower Ltd). If your request is refused, or not dealt with in the statutory time period, you can appeal to the UK or Scottish Information Commissioner.
Here is a summary of the Irish case:
A decision with considerable significance for the renewable energy industry was handed down on 25 January 2021 by Mr Justice Owens in the High Court. In Right to Know CLG v Commissioner for Environmental Information and Raheenleagh Power DAC, the Court overturned a decision by the Commissioner for Environmental Information (the Commissioner).
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