Minch -v- Commissioner for Environmental Information [2016] IEHC 91 (16 February 2016)

Minch -v- Commissioner for Environmental Information [2016] IEHC 91 (16 February 2016)

The Commissioner erred in law by applying an overly narrow and remote test to the definition of 'environmental information' and failing to adopt a purposive, teleological interpretation as required by the Directive and Aarhus Convention; economic analyses or models capable of informing policy decisions are capable of being environmental information even if not directly evidencing environmental impact.

Citation
[2016] IEHC 91
Parties
Appellant: Stephen Minch; Respondent: Commissioner for Environmental Information; Notice Party: Department of Communications, Energy and Natural Resources
Jurisdiction
Ireland
Judgment Date
16 February 2016
Procedural Posture
Statutory Appeal / High Court Appeal on a Point of Law From a Decision of the Commissioner for Environmental Information
Outcome
Appeal allowed in part; Commissioner's decision set aside and matter remitted for further determination.
Legal Topics
Access to Environmental Information, Interpretation of Environmental Regulations, Aarhus Convention, Judicial Review Standards, Statutory Appeals
Administrative Law Environmental Law European Union Law Access to Environmental Information Interpretation of Environmental Regulations Aarhus Convention Judicial Review Standards Statutory Appeals

Case Brief

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Parties

Stephen Minch

Appellant

Commissioner for Environmental Information

Respondent

Department of Communications, Energy and Natural Resources

Notice Party

Procedural Posture

Statutory Appeal / High Court Appeal on a Point of Law From a Decision of the Commissioner for Environmental Information

Legal Issues

  1. 1 Whether the report requested constitutes 'environmental information' under the European Communities (Access to Information on the Environment) Regulations 2007-2014
  2. 2 Whether the Commissioner applied the correct legal test in characterising the National Broadband Plan and the report
  3. 3 Whether the High Court can substitute its own decision or must remit the matter

Ratio Decidendi

The Commissioner erred in law by applying an overly narrow and remote test to the definition of 'environmental information' and failing to adopt a purposive, teleological interpretation as required by the Directive and Aarhus Convention; economic analyses or models capable of informing policy decisions are capable of being environmental information even if not directly evidencing environmental impact.

Court Disposition

Appeal allowed in part; Commissioner's decision set aside and matter remitted for further determination.

Orders

  • Order setting aside the determination of the Commissioner for Environmental Information dated 18 December 2014.
  • Order remitting the matter to the Commissioner for further determination.