The Fine Print of State Environmental Audit Privileges
110 Pages Posted: 30 Mar 2006
Responding to the urgings of regulated entities, legislatures in seventeen States have enacted environmental audit privileges, purporting to prohibit discovery of audit reports and associated documents and purporting to ban the use of such evidence in court. This Article examines the texts of the enactments, focusing on the fine print. The Article concludes that each State's environmental audit privilege is seldom what it appears to be, and further concludes that the process of separating legitimate from illegitimate privilege claims promises to be contentious, time-consuming, and frustrating.
Keywords: Audit, privilege, evidence, environmental law
JEL Classification: K32, K41
Suggested Citation: Suggested Citation