Government facing legal challenge over failure to proactively publish energy reports

Environmental campaigner and journalist Ben Webster's claim centres on requests for the Department for Energy Security and Net Zero (DESNZ) to share reports it holds on the future availability and cost of hydrogen for home heating.

Webster asked to see the reports in August 2023 as part of an investigation.

Responding to the request made under EIR, DESNZ confirmed that it held four reports but refused to release them, arguing that they were part of a decision-making process that was not yet complete.

Webster and the Information Commissioner’s Office (ICO) took the case to the Information Tribunal, but shortly before a hearing on the matter, the DESNZ released three of the reports.

DESNZ is appealing against a First Tier Tribunal ruling ordering it to release the fourth report.

Webster's lawyers at Leigh Day said his judicial review claim argues that the reports contain relevant and important information about environmental policy, and should have been published proactively under regulation 4 of the EIR.

Regulation 4 requires government bodies to share information which is relevant and important in the framing of major environmental policy proposals, and to “progressively make [environmental] information available to the public”.

In December 2025, Webster raised concerns with DESNZ that it was not complying with its duty under regulation 4 of the EIR and sought further information as to how the duty was being applied.

Leigh Day said that the response “showed that the DESNZ had not referred to or discussed the duty at all over a two-year period”, and interpreted the duty as only applying to policies and proposals that are already in the public domain as opposed to those still being developed.

The claim form, filed in March 2026, argues that the DESNZ’s interpretation of the regulation 4 duty to share information is too narrow, and that more steps need to be taken to proactively publish environmental information relating to major policy proposals.

It also raises concerns that this approach is mirrored across other government departments, with Webster alleging to have experienced similar issues when requesting information from the Department for Environment, Food and Rural Affairs (Defra).

The legal action has been endorsed by the Campaign for Freedom of Information.

Ben Webster said the challenge would "force the government to adopt an active publication policy on vital environmental issues", adding: "If government departments published more information proactively, they would need to spend less time, and money, responding to freedom of information requests."

Leigh Day solicitor, Julia Eriksen said: “Upon receiving and reviewing the reports, Mr Webster felt it was apparent that the information should have been published proactively under duties laid out in the Environmental Information Regulations.

“He hopes that the High Court will agree with his assessment that the DESNZ’s interpretation of these requirements to share environmental information is too narrow.”

The Department for Energy Security and Net Zero has been approached for comment.

Adam Carey