Minch -v- Commissioner for Environmental Information & Anor [2017] IECA 223 (28 July 2017)

Minch -v- Commissioner for Environmental Information & Anor [2017] IECA 223 (28 July 2017)

The Broadband Report constitutes environmental information under Article 3(1)(e) of the 2007 Regulations because it is an economic analysis used in the framework of the National Broadband Plan, which is a plan likely to affect the environment. The Commissioner's approach was overly narrow and legally unsustainable.

Citation
[2017] IECA 223
Parties
Respondent/appellant: Stephen Minch; Appellant/respondent: Commissioner for Environmental Information; Appellant/notice Party: Minister for Communications, Energy and Natural Resources
Jurisdiction
Ireland
Judgment Date
28 July 2017
Procedural Posture
Statutory Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed; High Court decision affirmed, subject to caveat.
Legal Topics
Access to Environmental Information, Interpretation of EU Directives, Definition of Environmental Information, Cost Benefit Analysis Under Environmental Regulations
Administrative Law Environmental Law EU Law Access to Environmental Information Interpretation of EU Directives Definition of Environmental Information Cost Benefit Analysis Under Environmental Regulations

Case Brief

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Parties

Stephen Minch

Respondent/appellant

Commissioner for Environmental Information

Appellant/respondent

Minister for Communications, Energy and Natural Resources

Appellant/notice Party

Procedural Posture

Statutory Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Broadband Report constitutes 'environmental information' under Article 3 of the European Communities (Access to Information on the Environment) Regulations 2007
  2. 2 Whether the Commissioner correctly interpreted the Regulations regarding the definition of environmental information
  3. 3 Whether the National Broadband Plan is a measure likely to affect the environment

Ratio Decidendi

The Broadband Report constitutes environmental information under Article 3(1)(e) of the 2007 Regulations because it is an economic analysis used in the framework of the National Broadband Plan, which is a plan likely to affect the environment. The Commissioner's approach was overly narrow and legally unsustainable.

Court Disposition

Appeal dismissed; High Court decision affirmed, subject to caveat.

Orders

  • Matter remitted to Commissioner to make findings on whether the Broadband Report's economic analyses were used in the National Broadband Plan; if so, the Report constitutes environmental information under Article 3(1)(e) of the 2007 Regulations.