Fight For Right to Environmental Information Goes Nuclear

A two-day court case taking place this week will determine whether private, foreign-owned companies building and operating nuclear power plants in the UK are subject to domestic environmental information law. The legal challenge follows a refusal by a subsidiary company of energy giant EDF to disclose the potential environmental impact of Hinkley Point C nuclear plant to Fish Legal, an environmental organisation acting on behalf of anglers.

Fish Legal made repeated attempts to access information from NNB Generation Company (HPC) Limited – which is part-owned by the French and Chinese states – regarding its decision to exclude a fish deterrent at its new plant at Hinkley Point C in Somerset. The information requests were refused.

However, based on legal tests established in previous litigation brought by Fish Legal against private water and electricity companies, the Information Commissioners’ Office (ICO) found that NNB is a public authority for the purposes of the Environmental Information Regulations and is therefore required by law to provide environmental information to the public on request.

An appeal by NNB Generation Company (HPC) Limited against that decision, in which Fish Legal is a party in the proceedings, will be heard by the First Tier Information Tribunal on 13 and 14 May.

Geoff Hardy, the Fish Legal solicitor who is handling the case said:

“Privately-owned utility companies have such a huge influence on our environment and wildlife. In this case, the company building and operating Hinkley Point C nuclear plant could jeopardize key species in the Bristol Channel and populations of wild salmon on three rivers flowing into the Severn Estuary – the Wye, Usk and the Severn.”

He continued:

“We find ourselves again having to battle in Court against a private utility because they won’t provide important information relating to their intention to drop key environmental protections at Hinkley Point C. It cannot be correct that these companies can operate under such veils of secrecy.”

Penny Gane, Head of Practice at Fish Legal said:

“It was only by our dragging of private water companies through the courts that everyone now knows much more about the effects of their activities on the environment.”

She added:

“At a time when the Westminster Government is looking to tear up environmental laws that protect rivers and special areas of conservation, it is vital that the public know what impact these sorts of major infrastructure and energy projects will have on irreplaceable species and their habitat.”