December 17, 2019

Guarding Environmental Audit Information: The In-House Counsel’s Guide to Privilege and Protection

Ethan R. Ware and Pierce Werner

Environmental laws and regulations govern every facet of today’s business. Compliance with the many rules and regulations is necessary but compliance one year does not ensure compliance the next year. Enter, the environmental audit: a valuable tool for assisting a facility to comply with applicable laws and permitting programs.

The Attorney-Client Privilege and the Work Product doctrines are important tools for use by in-house counsel. The privileges help protect violations from disclosure until deficiencies can be addressed or omissions remedied. Both require strict compliance with legal criterion. This article updates the law for in-house on use of the Attorney-Client Privilege and Attorney Work Product protection for routine environmental audits.

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