Is using the term ‘environmental information’ a magic formula? | 27 Limits as to what is considered environmental information After a pub in Copenhagen had applied for renewal of its alcohol licence, a citizen requested access to a recommendation for the decision to be made by the Licensing Board of the City of Copenhagen and to the decision. The Board denied access with reference to the new Access to Public Administration Files Act. The Ombudsman now had to decide whether it was a question about environmental information. The renewal of the alcohol licence was potentially of importance to the continuous existence of the pub. Thus, the decision was indirectly of importance to the discharge of noise and tobacco smoke into the surrounding environment. Even if the recommendation and decision by the Board as such was considered a ‘measure’ (section 3 paragraph (3) – see factbox), the Ombudsman did not find that the requirement was likely to affect the elements of the environment. An opinion provided by the EU Commission supported the Ombudsman’s assessment. Therefore, the case was to be decided pursuant to the new Access to Public Administration Files Act. (Case No. 2018-34). In another case (Case No. 2020-1) a citizen had connected two field based solar panel plants to the grid via the local energy company and he had received a final settlement invoice for the total price. He wanted to check whether he had been invoiced for the actual costs. Therefore, he asked for access to some underlying supplier invoices for material and the installation worker’s hourly fee, among other things. Now, the question was whether information stated in the supplier invoices was to be considered environmental information. The Ombudsman found that the installation of the solar panels had to be considered a ‘measure or an activity’ within the meaning of the Environmental Information Act. But the Ombudsman was not of the opinion that the underlying documents were to be considered environmental information, among other things because of the more indirect connection between information and installation of the solar panels. Also in this case, an opinion issued by the EU Commission supported the Ombudsman’s assessment. Thus, the cases about the renewal of alcohol license and the solar panels illustrate that there are limits to what can be regarded as ‘environmental information’. And, as the above cases also illustrate, using the term ‘environmental information’ is not always the ‘magic formula’ which means that you will get the information you want. But it can be. Increasing importance When the new Access to Public Administration Files Act entered into force with effect from 1 January 2014, the old Access to Public Administration Files Act was repealed simultaneously. But not entirely. Because, as mentioned above, the repeal did not comprise cases processed under the Environmental Information Act (section 42(4) of the new Access to Public Administration Files Act). And as environmental and climate issues are increasingly on the political agenda, it must be assumed that regulations stipulated in the Environmental Information Act (and thus also the old Access to Public Administration Files Act) will become increasingly important.