On 24 June 2008, the Information Commissioner (IC) announced that he has ordered the Department for Transport to disclose the Government's internal policy formulation plans from 2003 concerning the building a second runway at Stansted Airport. The IC ordered that the information be disclosed under the Environmental Information Regulations 2004 and could not benefit from an exception relating to public sector internal communications.

This is further evidence of a trend in recent decisions of the IC, the Information Tribunal and High Court to favour disclosure of a surprisingly wide range of sensitive environment-related information held by the public sector.

This Legal update reviews a number of recent decisions and gives practical guidance for the private sector and organisations lobbying, contracting with or generally involved with the public sector on what information may be disclosed to the general public, including to environmental campaigners under the freedom of information legislation.