Environmental Audit Protection Act

Summary

Environmental Audit Protection Act - Provides that an environmental audit shall not be subject to discovery or admitted into evidence in any civil or criminal action or administrative proceeding before a Federal court or agency, except as provided by this Act. Excludes from such protection information: (1) required to be made available to a regulatory agency pursuant to an environmental law or other Federal, State, or local law or regulation; (2) obtained by observation, sampling, or monitoring by a regulatory agency; or (3) obtained from a source independent of the environmental audit. Makes such protection inapplicable with respect to an environmental audit report to the extent that such protection is waived by any person conducting an activity that is regulated under an applicable environmental law and who prepared the report. Excludes from protection, in a civil action or administrative proceeding, any portion of an environmental audit report if: (1) such protection is invoked for a fraudulent purpose; or (2) the report provides evidence of noncompliance with an environmental law and efforts to achieve compliance were not pursued with reasonable diligence. Excludes from protection, in a criminal proceeding, any portion of such report if: (1) any of the conditions described above with respect to civil actions or administrative proceedings where in effect; or (2) the report contains evidence relevant to the commission of an offense under an environmental law, the Attorney General has a compelling need for the information, the information is not otherwise available, and the Attorney General is unable to obtain the equivalent of the information without incurring unreasonable cost and delay. Sets forth procedures for in camera review proceedings. Bars the use of information prepared for the in camera hearing in any proceeding against the defendant and requires such information to be kept confidential unless: (1) the information is found by the court to be subject to disclosure; or (2) the person using the information demonstrates that the information was obtained from a source independent of the report.

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3 official files

• Introduced in Senate (text)

  Introduced in Senate · EN · 8 August 1994

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• Introduced in Senate (PDF)

  Introduced in Senate · EN · 8 August 1994

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• Introduced in Senate

  summary · EN · 8 August 1994

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