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Decisions

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Mr X and daa Public Limited Company

The Commissioner found that the interest in withholding the draft EIS on the basis of article 9(2)(c) of the AIE Regulations outweighed the public interest in disclosure of the information and upheld daa's reliance on the exception in respect of certain portions of the draft EIS. He found that the public interest in disclosure of the remaining portion of the draft EIS outweighed the interest served by withholding it and accordingly directed release of that remaining portion

Date

31st March 2021

Case Number

OCE-93474-R9M5N9

Public Body

daa Public Limited Company

Article of the Regulations

Art.10,Art.10(5),Art.9,Art.9(2)(c)

Mr X and Environmental Protection Agency

The Commissioner found that it was reasonable to conclude that no further relevant environmental information was held by or for the EPA following its carrying out of adequate searches and, thus, article 7(5) of the AIE Regulations applied

Date

8th March 2021

Case Number

OCE-93416-D1Z0Y9

Public Body

Environmental Protection Agency

Article of the Regulations

Art.7,Art.7(5)

Mr D and the Department of Housing, Planning and Local Government

The Commissioner found that the Department was not justified in its decision refusing access to the requested information on the basis that it was not environmental information. He found that the requested information was environmental information pursuant to article 3(1)(c) of the AIE Regulations. The Commissioner annulled the Department’s decision in full, and expressed his expectation that it would make a new decision on the request in accordance with the AIE Regulations.

Date

23rd February 2021

Case Number

OCE-93480-F7W4P3

Public Body

Department of Housing, Planning and Local Government

Article of the Regulations

Art.3,Art.3(1)

Mr A and Dublin Airport Authority Public Limited Company (daa)

In affirming daa's decision, the Commissioner found that it had, at this point in time, taken adequate steps to search for and provide the appellant with access to the environmental information falling within the scope of parts A and C of the request that is held by or for daa. He went on to find that article 7(5) of the AIE Regulations applied and that no further environmental information falling within the scope of parts A and C the request is held by or for the daa at this time.

Date

18th December 2020

Case Number

OCE-93479-G1X3H3

Public Body

Dublin Airport Authority Public Limited Company

Article of the Regulations

Art.7,Art.7(5)

Philip Lee Solicitors and the Department of Housing, Local Government and Heritage

The Commissioner found that the Department was justified in not providing access to certain information because it did not hold the information. He found that refusal to provide access to certain other information was not justified on the ground of articles 8(a)(iv) or 9(1)(c) and he required the Department to release it

Date

10th December 2020

Case Number

OCE-93468-X5H1G3 (legacy reference CEI/19/0027)

Public Body

Department of Housing, Local Government and Heritage

Article of the Regulations

Art.7,Art.7(5),Art.8,Art.8(a)(iv),Art.9,Art.9(1)(c)

Mr. Q and Kilkenny County Council

The Commissioner found that the Council's refusal of access to the correspondence regarding the RSA reports for the KCAS under article 8(a)(iv) of the AIE Regulations was not justified. Accordingly, he required the Council to disclose the correspondence to the appellant

Date

24th November 2020

Case Number

OCE-93398-X5T7P3

Public Body

Kilkenny County Council (the Council)

Article of the Regulations

Art.8,Art.8(a)(iv)

Mr. Ian Lumley, An Taisce and The Department of Communications, Climate Action and Environment

Having carried out a review in accordance with article 12(5) of the AIE Regulations, the Commissioner varied the decision of the Department. He found that article 9(1)(c) of the AIE Regulations applied to certain excerpts in two of the records at issue. He found that the Department’s decision to refuse access to the remaining records was not justified and therefore directed the release of the information.

Date

21st September 2020

Case Number

OCE-93471-V0C2T6

Public Body

The Department of Communications, Climate Action and Environment

Article of the Regulations

Art.8,Art.8(a)(ii),Art.8(a)(iv),Art.9,Art.9(1)(c)

Right to Know CLG and The Department of Communications, Climate Action and Environment

Having carried out a review in accordance with article 12(5) of the AIE Regulations, the Commissioner found that the Department’s decision to refuse access to the records sought was not justified and therefore directed the release of the information.

Date

21st September 2020

Case Number

OCE-93467-S3L2Z8

Public Body

The Department of Communications, Climate Action and Environment

Article of the Regulations

Art.8,Art.8(a)(ii),Art.8(a)(iv),Art.9,Art.9(1)(c)

Right to Know CLG and Celtic Roads Group (Dundalk) DAC (CRG)

The Commissioner found that CRG is a public authority within the meaning of article 3(1)(b) of the public authority definition. He annulled CRG's decision and directed that a fresh decision-making process be undertaken in accordance with the AIE Regulations.

Date

21st September 2020

Case Number

OCE-93421-T8F8W7

Public Body

Celtic Roads Group (Dundalk) DAC (CRG)

Article of the Regulations

Art.3,Art.3(1)

Right to Know CLG and The Department of Communications, Climate Action and the Environment

Having carried out a review in accordance with article 12(5) of the AIE Regulations, the Commissioner varied the decision of the Department. He found that article 8(a)(iv) of the AIE Regulations applied to the majority of the records at issue. He found that the Department's decision to refuse access to certain records or parts thereof was not justified and directed the release of the information contained therein.

Date

4th August 2020

Case Number

OCE-93406-G5Y0Y0 (previously CEI/20/0001)

Public Body

The Department of Communications, Climate Action and the Environment (the Department)

Article of the Regulations

Art.8,Art.8(a)(iv)

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The Office of the Commissioner for Environmental Information
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