The Environmental Information Regulations 2004 are not limited to councils, government departments or other obvious public bodies. In some circumstances, they can also apply to some private or arm’s-length organisations where they deliver environmental services, public infrastructure, utilities, planning, waste, water, energy, transport or land-related functions.

The Wider Definition of “Public Authority”

The EIR definition of “public authority” is wider than FOIA. It includes traditional public authorities, but it can also cover bodies carrying out public administrative functions, or bodies controlled by public authorities, where their responsibilities relate to the environment.

This, together with a recent ruling confirming this wider scope, means a private company may still fall within the EIR if its role, powers or responsibilities have a sufficient public and environmental character.

Why This Matters in Practice

Environmental information is defined broadly. It can include information about land, water, air, emissions, waste, energy, environmental measures and human health or safety where affected by environmental factors. If the EIR applies, the organisation may have to disclose recorded environmental information on request, usually within 20 working days (subject to ‘exceptions’). Requests do not have to be labelled as EIR requests and they do not need to be made in writing. This is important for outsourced services, special purpose vehicles and private bodies working closely with public authorities. Assuming the EIR does not apply simply because an organisation is private may be risky.

Key indicators to consider

  • Does the organisation carry out a public function?
  • Has it been given environmental responsibilities?
  • Does it have statutory or special powers?
  • Is it controlled by a public authority?
  • Does it hold environmental information for another body?

What has Changed Following the Hinkley Point C Case?

In NNB Generation Company (HPC) Ltd v Information Commissioner and Fish Legal [2026] UKUT 241 (AAC), the Upper Tribunal upheld the conclusion that the private company building Hinkley Point C was a public authority for EIR purposes. The key point is that a private company can be “entrusted” with environmental services of public interest even without a specific statutory duty. It is also relevant if the company has special powers beyond ordinary private law, such as compulsory acquisition, entry or works powers.

This decision makes it harder for private infrastructure bodies to argue that they sit outside the EIR where they perform public environmental functions and benefit from statutory powers.

Practical Steps for Organisations

The EIR can apply beyond the traditional public sector. Following NNB Generation Company (HPC) Ltd, private bodies with environmental responsibilities and statutory powers (possibly including powers conferred by a Development Consent Order) should consider EIR compliance early, rather than waiting until a request is received.

Organisations in environmental, infrastructure or utility sectors should check whether the EIR could apply. Contracts with public authorities should make clear who handles requests, searches for information, considers exceptions and meets deadlines. Staff should also be trained to recognise possible EIR requests. A routine enquiry or complaint may still trigger obligations if it asks for recorded environmental information.

This article was written by Leanne Yendell, solicitor in our Intellectual Property, Data Protection and Technology team.