Access to environmental information Sample Clauses

Access to environmental information. The Escazú Agreement sets a regional standard for access to environmental information for Latin American and Caribbean countries with procedural measures for the implementation of this right. Access to environmental information, the first “pillar” of access rights, requires competent authorities to disclose information in their possession, control and custody on request and to proactively publish certain types of environmental information. The substantive provisions related to access to information are found in articles 5 and 6. The terms “environmental information” and “competent authority” are defined in article 2, indicating the scope and types of information that may be requested in article 5, certain types of information that should be proactively disclosed in article 6 and the entities that have a duty to disclose information requested by the public. Access to environmental information is interconnected with the other access rights as it enables public participation in environmental decision-making and access to justice. People who are well-informed are able to engage meaningfully in environmental processes and to become knowledgeable about their rights and how to claim them. The disclosure of environmental information may also help people to enforce and protect other rights, including the right to a healthy environment, by creating a greater understanding of their rights and measures to obtain redress. The right of access to information stems from the principle that the public has a right to know how the governments they elect exercise power and spend public funds. Through access to information, the public is able to scrutinize the actions of the State and challenge mismanagement and corruption by increasing transparency and holding public authorities to account. As with all the provisions in the Escazú Agreement, the standard for access to information outlined in these provisions is a floor and not a ceiling and States may choose to include higher standards. A. Article 5 – Access to environmental information This section provides an explanation of article 5, which sets out the provisions concerning the aspect of access to information referred to as “passive transparency”, whereby information is provided at the request of a member of the public. This obligation is explained and guidance is provided for how parties should implement this article. Table III.1 provides an overview of the main obligations contained in article 5 and practical guidance for...
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Access to environmental information. Access to information is a form of transparency, and depends fundamentally on the type of informa- tion desired and the technologies and resources available to collect it.28 The Agreement establishes basic obligations for the Parties to ensure that competent authorities29 and, in some cases, private entities, are required to make available information relating to the environment to the members of the public.
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Access to environmental information. 1 — Each Party shall ensure that, subject to the fol- lowing paragraphs of this article, public authorities, in response to a request for environmental information, make such information available to the public, within the framework of national legislation, including, where requested and subject to subparagraph b) below, copies of the actual documentation containing or comprising such information: a) Without an interest having to be stated; b) In the form requested unless: i) It is reasonable for the public authority to make it available in another form, in which case reasons shall be given for mak- ing it available in that form; or ii) The information is already publicly avai- lable in another form. 2 — The environmental information referred to in paragraph 1 above shall be made available as soon as possible and at the latest within one month after the request has been submitted, unless the volume and the complexity of the information justify an extension of this period up to two months after the request. The applicant shall be informed of any extension and of the reasons justifying it. 3 — A request for environmental information may be refused if: a) The public authority to which the request is addressed does not hold the environmental information requested; b) The request is manifestly unreasonable or for- mulated in too general a manner; or c) The request concerns material in the course of completion or concerns internal communica- tions of public authorities where such an exemp- tion is provided for in national law or customary practice, taking into account the public interest served by disclosure. 4 — A request for environmental information may be refused if the disclosure would adversely affect: a) The confidentiality of the proceedings of public authorities, where such confidentiality is pro- vided for under national law; b) International relations, national defence or pub- lic security; c) The course of justice, the ability of a person to receive a fair trial or the ability of a public authority to conduct an enquiry of a criminal or disciplinary nature; d) The confidentiality of commercial and industrial information, where such confidentiality is pro- tected by law in order to protect a legitimate economic interest. Within this framework, infor- mation on emissions which is relevant for the protection of the environment shall be disclosed; e) Intellectual property rights; f) The confidentiality of personal data and/or files relating to a natural ...
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Access to environmental information. Pursuant to article 5 of the Escazu Agreement, public have the right to access environmental information in the possession, control or custody of the authority. To this effect, “environmental information” is understood as “any information that is written, visual, audio and electronic, or recorded in any other format, regarding the environment and its elements and natural resources, including information related to environmental risks, and any possible adverse impacts affecting or likely to affect the environment and health, as well as to environmental protection and management” (Escazu Agreement, article 2 section c). The Agreement sets forth that the exercise of this right is not conditioned, either to proving a legitimate interest or to mentioning any reason for the request. In addition, this right comprises the requested authority’s obligation to promptly2 inform whether the requested information is or is not under its possession, to the gratuitous delivery of the information and about the possibility to challenge and appeal requirements for exercising this right and the refusal to deliver the information. However, the Escazu Agreement does establish pre-requisites to exercise the latter right. Refusal to disclose environmental information The Agreement allows the refusal of information that falls under domestic legal regimes of exceptions or under 4 specific exceptions set forth in the Agreement where such a regime does not exist. Either case, the requested authority must notify the applicant, in writing, the legal provisions and reasons justifying its decision and inform of the right to challenge and appeal it.
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Access to environmental information. ‌ The Environmental Response Trust Books and Records held by the Settlor or the Reorganized Debtor, as applicable, shall be provided to the Environmental Response Trust. Such information shall be provided within [two] months of the Environmental Response Trust Effective Date.
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Access to environmental information exporters are requested to keep for a period of five years the notification sent to the competent authority of the Party or non-Party of import, prior to the first transboundary movement of a GMO. The notification, comprised inter alia of the names and contact details of the exporter and importer, must be copied to the competent authority in the Member State from which the GMO is exported, as well as to the European Commission. The Commission may be requested to make those copies available to the general public, in accordance with the Union’s rules on access to environmental information. 3 Since current Community legislation does not contain requirements for exports of GMOs to third countries (i.e. countries outside the Union), the Regulation is seen as an important common legal framework to regulate such exports. It is considered of particular relevance in enabling developing countries, or countries with economies in transition, to take informed decisions when importing GMOs. 1 To know more about the Protocol’s aims, please consult the website: ▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/biosafety/ 2 ”Party or non-Party of import” in the framework of the Cartagena Protocol.
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Related to Access to environmental information

  • Environmental Information Seller shall, promptly upon written request from PacifiCorp, provide PacifiCorp with all data reasonably requested by PacifiCorp relating to environmental information under the Required Facility Documents. Seller shall further provide PacifiCorp with information relating to environmental impact mitigation measures it is taking in connection with the Facility's construction or operation that are required by any Governmental Authority. PacifiCorp shall reimburse Seller for all of Seller's reasonable actual costs and expenses in excess of $10,000 per year, if any, incurred in connection with PacifiCorp's requests for the foregoing information under this Section 6.10.

  • Supplemental Information From time to time after the applicable Assignment Date with respect to each Mortgage Loan, Seller promptly shall furnish Purchaser such incidental information, which is reasonably available to Seller, supplemental to the information contained in the documents and schedules delivered pursuant to this Agreement, as may reasonably be requested to monitor performance of the Mortgage Loans and the payment of the Future Excess Servicing Spread.

  • Access to Financial Information Buyer’s representatives shall have access to, and Seller and its Affiliates shall cooperate with Buyer and furnish upon request, all financial and other information relating to the Hotel’s operations to the extent necessary to enable Buyer’s representatives to prepare audited financial statements in conformity with Regulation S-X of the Securities and Exchange Commission (the “SEC”) and other applicable rules and regulations of the SEC and to enable them to prepare a registration statement, report or disclosure statement for filing with the SEC on behalf of Buyer or its Affiliates, whether before or after Closing and regardless of whether such information is included in the Records to be transferred to Buyer hereunder. Seller shall also provide to Buyer’s representative a signed representation letter in form and substance reasonably acceptable to Seller sufficient to enable an independent public accountant to render an opinion on the financial statements related to the Hotel. Buyer will reimburse Seller for costs reasonably incurred by Seller to comply with the requirements of the preceding sentence to the extent that Seller is required to incur costs not in the ordinary course of business for third parties to provide such representation letters. The provisions of this Section shall survive Closing or termination of this Contract.

  • Access to Information Such Purchaser acknowledges that it has had the opportunity to review the Transaction Documents (including all exhibits and schedules thereto) and the SEC Reports and has been afforded, (i) the opportunity to ask such questions as it has deemed necessary of, and to receive answers from, representatives of the Company concerning the terms and conditions of the offering of the Securities and the merits and risks of investing in the Securities; (ii) access to information about the Company and its financial condition, results of operations, business, properties, management and prospects sufficient to enable it to evaluate its investment; and (iii) the opportunity to obtain such additional information that the Company possesses or can acquire without unreasonable effort or expense that is necessary to make an informed investment decision with respect to the investment. Such Purchaser acknowledges and agrees that neither the Placement Agent nor any Affiliate of the Placement Agent has provided such Purchaser with any information or advice with respect to the Securities nor is such information or advice necessary or desired. Neither the Placement Agent nor any Affiliate has made or makes any representation as to the Company or the quality of the Securities and the Placement Agent and any Affiliate may have acquired non-public information with respect to the Company which such Purchaser agrees need not be provided to it. In connection with the issuance of the Securities to such Purchaser, neither the Placement Agent nor any of its Affiliates has acted as a financial advisor or fiduciary to such Purchaser.

  • Identification and Protection of Confidential Information Article 1, section 24, of the Florida Constitution, guarantees every person access to public records, and section 119.011, F.S., provides a broad definition of “public record.” As such, records submitted to the Department (or any other State agency) are public records and are subject to disclosure unless exempt from disclosure by law. If the Contractor considers any portion of a record it provides to the Department (or any other State agency) to be trade secret or otherwise confidential or exempt from disclosure under Florida or federal law (“Confidential Information”), the Contractor shall mark as “confidential” each page of a document or specific portion of a document containing Confidential Information and simultaneously provide the Department (or other State agency) with a separate, redacted copy of the record. The Contractor shall state the basis of the exemption that the Contractor contends is applicable to each portion of the record redacted, including the specific statutory citation for such exemption. The Contractor shall only redact portions of records that it claims contains Confidential Information. If the Contractor fails to mark a record it claims contains Confidential Information as “confidential,” or fails to submit a redacted copy in accordance with this section of a record it claims contains Confidential Information, the Department (or other State agency) shall have no liability for release of such record. The foregoing will apply to every instance in which the Contractor fails to both mark a record “confidential” and redact it in accordance with this section, regardless of whether the Contractor may have properly marked and redacted the same or similar Confidential Information in another instance or record submitted to the Department (or any other State agency). In the event of a public records request, to which records the Contractor marked as “confidential” are responsive to the request, the Department shall provide the Contractor- redacted copy to the requestor. If the Contractor has marked a record as “confidential” but failed to provide a Contractor-redacted copy to the Department, the Customer may notify the Contractor of the request and the Contractor may have up to ten (10) Business Days from the date of the notice to provide a Contractor-redacted copy, or else the Department may release the unredacted record to the requestor without liability. If the Department provides a Contractor- redacted copy of the documents and the requestor asserts a right to the Contractor-redacted Confidential Information, the Department shall promptly notify the Contractor such an assertion has been made. The notice will provide that if the Contractor seeks to protect the Contractor-redacted Confidential Information from release it must, within thirty (30) days after the date of the notice and at its own expense, file a cause of action seeking a declaratory judgment that the information in question is exempt from section 119.07(1), F.S., or other applicable law and an order prohibiting the Department from publicly disclosing the information. The Contractor shall provide written notice to the Department of any cause of action filed. If the Contractor fails to file a cause of action within thirty (30) days the Department may release the unredacted copy of the record to the requestor without liability. If the Department is requested or compelled in any legal proceeding to disclose documents that are marked as “confidential” (whether by oral questions, interrogatories, requests for information or documents, subpoena, or similar process), unless otherwise prohibited by law, the Department shall give the Contractor prompt written notice of the demand or request prior to disclosing any Confidential Information to allow the Contractor to seek a protective order or other appropriate relief at the Contractor’s sole discretion and expense. If the Contractor fails to take appropriate and timely action to protect the Confidential Information contained within documents it has marked as “confidential” or fails to provide a redacted copy that may be disclosed, the Department may provide the unredacted records in response to the demand without liability. The Contractor shall protect, defend, and indemnify the Department for all claims, costs, fines, settlement fees, and attorneys’ fees, at both the trial and appellate levels, arising from or relating to the Contractor’s determination that its records contain Confidential Information. In the event of a third-party claim brought against the Department for failure to release the Contractor’s redacted Confidential Information, the Contractor shall assume, at its sole expense, the defense or settlement of such claim, including attorney’s fees and costs at both the trial and appellate levels. If the Contractor fails to continuously undertake the defense or settlement of such claim or if the Contractor and Department mutually agree that the Department is best suited to undertake the defense or settlement, the Department will have the right, but not the obligation, to undertake the defense or settlement of such claim, at its discretion. The Contractor shall be bound by any defense or settlement the Department may make as to such claim, and the Contractor agrees to reimburse the Department for the expense, including reasonable attorney’s fees and costs at both the trial and appellate levels associated with any defense or settlement that the Department may undertake to defend Contractor’s Confidential Information. The Department will also be entitled to join the Contractor in any third-party claim for the purpose of enforcing any right of indemnity under this section. If at any point the Department is reasonably advised by its counsel that disclosure of the Confidential Information is required by law, including but not limited to Florida’s public records laws, the Department may disclose such Confidential Information without liability hereunder.