Hinkley Point C seeking appeal against environmental data transparency tribunal ruling

08 Sep, 2026 By Tom Pashby, https://www.newcivilengineer.com/latest/hinkley-point-c-seeking-appeal-against-environmental-data-transparency-tribunal-ruling-08-09-2026/

EDF’s Hinkley Point C has told NCE it has requested permission to appeal against a tribunal ruling in favour of an argument from campaigners which would subject the nuclear power station to environmental information transparency rules.

The Upper Tribunal (Administrative Appeals Chamber) decided on 26 June, following a hearing on 29 April, that NNB Generation Co (HPC) Ltd is a public authority according to the Environmental Information Regulations 2004 (EIRs).

NNB Generation Company (NNB GenCo) is the company that owns Hinkley Point C. EDF is the majority owner of the company, with China General Nuclear Power Group (CGN) as a minority owner.

The EIRs are operated in a similar but different way to the Freedom of Information Act.

The Information Commissioner’s Office (ICO) had decided that NNB GenCo was subject to the EIRs after it made a ruling on behalf of environmental group Fish Legal, which was seeking environmental information about the nuclear power plant.

It announced its position in a decision notice published on 5 September 2024.

The ICO’s decision notice followed a complaint from Fish Legal, which represents anglers and has been repeatedly denied information from the developers of the nuclear power station about its methods of deterring fish from the site.

Hinkley Point C will require vast volumes of water to cool its nuclear reactors. Tunnels for water intake and outfall will circulate 120,000l of water per second. There are concerns this will lead to marine life being sucked into the system and killed.

NNB GenCo had a legal obligation to use an acoustic fish deterrent, based on its approved development consent order, but changed its plans to building a saltmarsh instead. It has now switched back to a plan for an acoustic fish deterrent, having discovered a new “safe and effective” method for implementing it.

Despite this, Fish Legal is continuing to support the ICO position because it covers matters broader than just the fish deterrent at Hinkley Point C – it believes that foreign-owned private companies building and operating nuclear power plants in the UK must comply with domestic environmental information laws and therefore provide details on environmental plans when asked.

A Hinkley Point C spokesperson told NCE: “We have now sought permission to appeal against the tribunal’s decision.

“Hinkley Point C has already made extensive amounts of environmental information available to the public and it will continue to keep stakeholders fully informed about the project.”

Reacting to Hinkley Point C’s decision to seek an appeal, Fish Legal head of policy and strategy Zoe Wedderburn-Day told NCE: “We are aware that NNB Generation Company, the EDF subsidiary responsible for Hinkley Point C, has sought permission to appeal the Upper Tribunal’s decision and we will be watching developments closely.

“The Upper Tribunal judgment was an important decision for environmental transparency, confirming that a privately owned company entrusted with significant public functions and statutory powers can be subject to the Environmental Information Regulations.

“We will consider the implications of any further proceedings once the appeal position becomes clearer.”

An ICO spokesperson told NCE that the ICO noted the judgment but didn’t make any further comment.

Reacting to NNB Gen Co’s request for an appeal, Nuclear Industry Association chief executive Tom Greatrex told NCE: “The single biggest driver of biodiversity loss and habitat destruction is climate change.

“By delaying the deployment of nuclear power, which has the lowest carbon emissions, land use, and overall impact on ecosystems of any electricity source across its lifecycle, we are accelerating that damage and prolonging our reliance on higher-carbon energy sources.”

He added: “To reduce cost and accelerate delivery, we must ensure proportionate regulation.

“To achieve this, the government must fully implement the Nuclear Regulatory Review recommendations to strengthen the UK’s energy security with clean power and enable new nuclear projects to progress at pace while maintaining high environmental standards.”