What counts as environmental information under the EIR 2004?

Environmental information under the EIR 2004 covers data regarding air, water, soil, land, landscape, biodiversity, and energy, as well as measures affecting these areas. It is broader than the Freedom of Information Act 2000, which means there is no cost limit for requests and authorities have a duty to proactively disseminate such information. However, the regulations do not apply to purely internal administrative information that has no environmental element.

What can I do if I am unhappy with the response to my request?

If you are dissatisfied with the authority's response, you should first request an internal review. If you remain unsatisfied after that process, you can make a complaint to the Information Commissioner's Office (ICO). From the ICO, you may further appeal to the First-tier Tribunal (General Regulatory Chamber). It is important to complete the internal review stage before escalating to the ICO.

Can I use the EIR 2004 if I am unsure whether my request falls under FOI or EIR?

Yes, you can cite both the Environmental Information Regulations 2004 and the Freedom of Information Act 2000 in a single letter if you are unsure which applies. The EIR 2004 is often more favourable because it has no cost limit and applies a stronger public interest test to exceptions. However, if the information is about your own personal data, you should use a Subject Access Request instead.

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Public Law

Updated 2026-05-16

Environmental Information Request (EIR 2004)

Formal request to a public authority for environmental information under the Environmental Information Regulations 2004.

This template was not drafted by a solicitor.

It is an editorial reference based on the official sources we cite. You are responsible for any document you send. For high-stakes matters (court proceedings, large sums, deportation, criminal allegations, child welfare), have a regulated solicitor review or draft your document.

When to use this template

Use this template when requesting information about the environment from a public authority — including local councils, government departments, regulators, water companies, and utility companies that carry out public functions. The EIR 2004 is broader than the Freedom of Information Act 2000 in scope: there is no cost limit, the authority has a duty to proactively disseminate information, and exceptions are subject to a stronger public interest test. Environmental information includes information about air, water, soil, land, landscape, biodiversity, energy, and measures affecting them.

When NOT to use this template

If the information you want is about your own personal data, use a Subject Access Request instead. If you are unsure whether your request is better characterised as an FOI or EIR request, you can cite both statutes in one letter. The EIR does not apply to purely internal administrative information with no environmental element.

Legal Basis

Environmental Information Regulations 2004 (SI 2004/3391), implementing Directive 2003/4/EC (retained in UK law). Regulation 5: duty to make environmental information available on request. Regulation 7: deadline 20 working days. Regulation 12: exceptions are subject to the public interest test. Complaints to the ICO and further appeal to the First-tier Tribunal (General Regulatory Chamber).

Before you send

Not citing the EIR 2004 specifically — this triggers the different (and often more favourable) regime compared to FOIA
Accepting a refusal based on an FOIA exemption that would not apply under EIR — the exception regime is different
Not requesting an internal review before going to the ICO

Common Mistakes to Avoid

✗Not citing the EIR 2004 specifically — this triggers the different (and often more favourable) regime compared to FOIA
✗Accepting a refusal based on an FOIA exemption that would not apply under EIR — the exception regime is different
✗Not requesting an internal review before going to the ICO
✗Failing to follow up after 20 working days if no response is received

Build Your Letter

Fill in your details

Complete the fields below. Required fields are marked with *.

Your full name*

Your address*

Your email address*

Date of request*

Public authority name*

Authority's address*

Specific environmental information requested*

Optional fields

Date range for the information

Preferred format for the response

Letter preview

[YOUR FULL NAME]
[YOUR ADDRESS]
[YOUR EMAIL ADDRESS]

[DATE OF REQUEST]

Information Officer / Environmental Information Team
[PUBLIC AUTHORITY NAME]
[AUTHORITY'S ADDRESS]

---

Dear Sir or Madam,

**ENVIRONMENTAL INFORMATION REQUEST — ENVIRONMENTAL INFORMATION REGULATIONS 2004**

I am writing to make a request for environmental information under the Environmental Information Regulations 2004 (SI 2004/3391).

**The Information I Am Requesting**

I request disclosure of the following environmental information held by [PUBLIC AUTHORITY NAME]:

[SPECIFIC ENVIRONMENTAL INFORMATION REQUESTED]

**Time Period**

Where relevant, I am requesting information from: [DATE RANGE FOR THE INFORMATION].

**Format**

I would prefer to receive the information in [PREFERRED FORMAT FOR THE RESPONSE] where possible.

**Your Obligations**

Under Regulation 5 of the Environmental Information Regulations 2004, you are required to make the requested environmental information available as soon as possible and no later than 20 working days from the date of this request. This deadline may be extended by a further 20 working days for complex or voluminous requests, but you must notify me of the extension within the initial 20-working-day period (Regulation 7(2)).

If you refuse to disclose any information, you must provide a refusal notice specifying the exception(s) relied upon under Regulation 12 and explain how the public interest balance weighs in favour of refusal (Regulation 14).

If any third-party information is included, please notify affected parties and seek consent where required, but do not delay responding beyond the 20-working-day period on this basis alone.

If I am not satisfied with your response, I will request an internal review and, if necessary, complain to the Information Commissioner's Office.

Yours faithfully,

[YOUR FULL NAME]

Unfilled fields appear as [FIELD NAME]. Review the letter carefully before sending. This template is a starting point — adapt it to your specific circumstances.

Related Rights

Data Protection Rights

Official Resources

ICO — Environmental Information Regulations →Environment Agency — Contact →

Frequently asked questions

What counts as environmental information under the EIR 2004?: Environmental information under the EIR 2004 covers data regarding air, water, soil, land, landscape, biodiversity, and energy, as well as measures affecting these areas. It is broader than the Freedom of Information Act 2000, which means there is no cost limit for requests and authorities have a duty to proactively disseminate such information. However, the regulations do not apply to purely internal administrative information that has no environmental element.
How long does a public authority have to respond to my request?: Public authorities must make the requested information available as soon as possible and no later than 20 working days from the date of the request. For complex or voluminous requests, this deadline may be extended by a further 20 working days. If an extension is needed, the authority must notify you within the initial 20-working-day period. If you do not receive a response after 20 working days, you should follow up with the authority.
What can I do if I am unhappy with the response to my request?: If you are dissatisfied with the authority's response, you should first request an internal review. If you remain unsatisfied after that process, you can make a complaint to the Information Commissioner's Office (ICO). From the ICO, you may further appeal to the First-tier Tribunal (General Regulatory Chamber). It is important to complete the internal review stage before escalating to the ICO.
Can I use the EIR 2004 if I am unsure whether my request falls under FOI or EIR?: Yes, you can cite both the Environmental Information Regulations 2004 and the Freedom of Information Act 2000 in a single letter if you are unsure which applies. The EIR 2004 is often more favourable because it has no cost limit and applies a stronger public interest test to exceptions. However, if the information is about your own personal data, you should use a Subject Access Request instead.
What must a public authority do if they refuse my request?: If a public authority refuses to disclose information, they must provide a refusal notice. This notice must specify the exception(s) relied upon under Regulation 12 and explain how the public interest balance weighs in favour of refusal. The EIR 2004 exceptions are subject to a stronger public interest test compared to the Freedom of Information Act 2000.