The Fine Print of State Environmental Audit Privileges

110 Pages Posted: 30 Mar 2006  

John-Mark Stensvaag

University of Iowa - College of Law


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

Stensvaag, John-Mark, The Fine Print of State Environmental Audit Privileges. UCLA Journal of Environmental Law & Policy, Vol. 16, p. 69, 1998. Available at SSRN:

John-Mark Stensvaag (Contact Author)

University of Iowa - College of Law ( email )

Melrose and Byington
Iowa City, IA 52242
United States

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