The EPA and some state legislatures weigh strengthening the self-critical analysis privilege so as to promote candor in audits

Article Abstract:

The confidentiality of environmental compliance audits may be enhanced by states and the EPA because the goal of audits is to promote candor, a goal hindered by the possibility of civil or criminal proceedings resulting from the audit. Some legal consultants suggest using an attorney to control the audit who will ensure evidentiary privileges but few attorneys have the necessary expertise. States are attempting to promote candor by giving the audits a similar privilege to the work-product privilege.

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In the majority of environmental cases brought recently, courts have held that individual plaintiffs do have standing to sue

Article Abstract:

The US Supreme Court decisions in Lujan v Natl Wildlife Federation and Lujan v Defenders of Wildlife have not made standing to sue significantly harder to establish, despite early fears. Finality has been a larger issue, with courts reaching different conclusions. The constitutionality of citizen-suit provisions has also avoided serious questioning, but informational standing and procedural standing require discrete injury to be valid.

United States, Environmental aspects, Standing (Law), Environmental policy, Citizen suits (Civil procedure), Citizen lawsuits

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Self-critical analysis and other evidentiary privileges may fail to protect the confidentiality of routine environmental audits

Article Abstract:

The limited self-critical analysis privilege aims to deal with the tension between thorough environmental auditing and the risks of disclosure. Various courts have held that the attorney-client privilege does not apply to records produced during an environmental audit. Reichhold Chemicals, Inc. v. Textron, Inc. was the first federal environmental case in which the self-critical analysis privilege was upheld, albeit in a limited form.

Management, Evidence (Law), Confidential communications, Attorney-client privilege

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