✅ What is the Environmental Information Regulations (EIR) 2004?

The Environmental Information Regulations 2004 (EIR) are a UK legal framework that gives the public the right to access information held by public authorities about the environment. These regulations are separate from, but similar to, the Freedom of Information Act 2000 (FOIA). While FOIA covers a wide range of public information, EIR is specifically focused on environmental matters and often provides stronger access rights.

🌍 What counts as environmental information?

Under EIR, “environmental information” has a broad definition. It includes any information (in written, visual, aural, electronic or any other form) on:

  • The state of elements of the environment: air, water, soil, land, landscape, natural sites, biodiversity
  • Factors affecting the environment: substances, energy, noise, radiation, waste, emissions, discharges
  • Measures or activities: policies, plans, programmes, legislation, administrative measures or agreements that affect or are likely to affect the environment
  • Reports on the implementation of environmental legislation
  • Cost-benefit analyses and other economic aspects of environmental decision-making
  • The state of human health and safety as they relate to environmental factors

This means that information about things like local planning decisions, pollution levels, biodiversity loss, infrastructure development, and even the cumulative impact of housing on healthcare services may fall under EIR.

🏛 Who must respond to EIR requests?

EIR applies to any public authority, including:

  • Central and local government bodies
  • NHS trusts and Integrated Care Boards (ICBs)
  • Utility companies and private contractors performing public environmental functions
  • Regulators like the Environment Agency or Natural England

If a body performs public functions that relate to the environment, even if it’s not strictly a government department, it likely falls under EIR.

✍️ How do I make an EIR request?

You don’t need to mention EIR by name, but it’s often a good idea to explicitly say that you are making a request under the Environmental Information Regulations 2004 to ensure it’s handled correctly.

To make a request:

  1. Contact the relevant authority by email or post
  2. Be specific about the information you want
  3. Include a request for the information to be provided electronically (if that’s your preference)
  4. Provide your name and contact details

🕒 Authorities must respond within 20 working days. They can extend this by another 20 working days if the request is complex.

⚠️ Can they refuse?

Yes, but only under specific exceptions — and they must apply a public interest test to justify withholding the information.

Common exceptions include:

  • The request is manifestly unreasonable
  • The information is still in draft form
  • The request concerns internal communications
  • Disclosure would affect public security or intellectual property rights

However, under EIR, authorities are expected to interpret exceptions narrowly and lean towards disclosure.

💡 Why use EIR instead of FOIA?

  • EIR gives access to draft documents and background data more readily than FOIA
  • EIR imposes a public interest test on all exceptions — FOIA does not for all exemptions
  • EIR has a broader definition of what counts as public authority

This makes EIR especially powerful for environmental activists, local campaigners, journalists, and concerned residents.

🛠 Example situations where EIR applies:

  • Requesting documents related to a housing development’s impact on local GP surgeries
  • Accessing ecological surveys submitted with a planning application
  • Getting water pollution records near your area
  • Finding out about tree removal plans or pesticide use by a council

📞 What if they refuse or delay?

You can:

  1. Ask for an internal review
  2. Complain to the Information Commissioner’s Office (ICO)

The ICO takes EIR rights seriously and can require authorities to release information.

✅ Bottom line:

The Environmental Information Regulations 2004 are a powerful but underused tool that lets you hold public bodies accountable for their decisions about the environment. Whether you’re concerned about planning, pollution, or infrastructure — use your right to know.

Knowledge is power. Use it well.