The environmental auditing privilege debate: Disclosure,compliance, and legislative issues

This article discusses the primary arguments advanced in the debate in favor of and against the adoption of a qualified privilege to protect audit findings and explores various alternative incentives for promoting the practice of environmental health and safety auditing and for encouraging voluntary disclosure of audit findings to the regulators. This article also examines whether establishing a privilege provides the greatest motivation to auditing and disclosure, particularly in the context of EPA's recent reevaluation of its policy on auditing.