Permission granted for legal challenge over government failure to publish environmental reports proactively
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A legal claim over the Government’s failure to “proactively” share important environmental information has been granted permission to proceed to a full hearing.
Environmental campaigner and journalist Ben Webster argues that the government has “wrongly interpreted” its duty to proactively share environmental information, following a three-year battle to see reports published about the cost of hydrogen for heating homes.
According to law firm Leigh Day, Webster first requested information about using hydrogen to heat homes from the Department for Energy Security and Net Zero (DESNZ) in August 2023.
The information was requested via the Environmental Information Regulations (EIRs).
In response to Webster's request for information on the use of hydrogen for heating homes, DESNZ confirmed it held four reports but refused to release them on the basis that the reports related to decisions which were still in the process of being made.
The claimant took DESNZ to the Information Tribunal to argue for the release of the reports, but shortly before a hearing on the case in June 2025 DESNZ released three of the reports.
According to Leigh Day, the claimant argues the reports should have been published “proactively” under regulation 4 of the EIR, which requires the government to “progressively make [environmental] information available to the public” where it is relevant to the framing of major environmental proposals.
In March 2026, Webster filed a claim with the High Court arguing DESNZ's interpretation of its regulation 4 duty to share information was “too narrow”, and that it should be doing more to proactively publish important environmental information.
In the High Court last week (15 October 2026), the claimant was granted permission to proceed to a full judicial review hearing.
Ben Webster said: “I’m delighted that the judge has granted me permission for a judicial review into my claim that the government is failing to comply with its legal duty to publish important environmental information.
“The government’s barrister claimed that she would deliver a knock-out blow to my claim, but the judge decided that my concerns deserve to be heard at a full judicial review hearing.
“I am also pleased that the Information Commission decided to join this case and that its barrister stated in court that the Commission intended to review its guidance on the government’s proactive publication duty in the light of the outcome of the full judicial review hearing.”
Webster is represented by Leigh Day environment team solicitors Julia Eriksen and Lily Hartley-Matthews.
Eriksen said: "Regulation 4 of the EIR requires public authorities to proactively make certain environmental information available to the public, without a member of the public having to request it.
“Our client spent two years chasing DESNZ to publish these reports which concern major environmental policy which may determine the future of how we heat our homes.
“After receiving the reports, Mr Webster felt it was clear that the information should have been shared proactively as part of the government's EIR duty. He is now challenging DESNZ's interpretation of these regulations, which he argues is too narrow."
The Department for Energy Security and Net Zero said it is “unable to comment on ongoing legal matters”.
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