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Environmental Audit Privilege Laws: Stripping The Public's Right To Know, Jennifer Lukas Jackson

Cleveland State Law Review

This Note argues that because the public places a high premium on its right to know, Congress should enact a federal statute that prohibits a privilege for environmental audits. A federal prohibition on a privilege for environmental audits will make the state statutes unconstitutional under the Supremacy Clause of the United States Constitution. This Note has six parts. Part II provides background on the traditional environmental regulatory regime and the role that the public plays in enforcing environmental statutes. Part III is an analysis of some of the typical state environmental audit privilege laws, including a discussion of the major …