Water and sewerage companies are required to provide environmental information to the public (which they have previously refused
Fish Legal, the legal arm of the Angling Trust had asked United Utilities Water plc and Yorkshire Water Services Ltd for information relating to discharges, clean-up operations and emergency overflow from their sewage works. The companies denied that they were under a duty to provide the information under the Environmental Information Regulations 2004 (SI No 3391) on the basis that they are not ‘public authorities’ within the meaning of the Regulations and the Directive they implement. Following a reference to the CJEU. the Upper Tribunal has found that the companies are public authorities because they have ‘special powers’ (including in accessing private land without consent and in promoting bye-laws which create criminal offences). David Wolfe QC was involved in this case.