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Sierra Club Position Also known as audit privilege laws, these laws give companies that conduct internal environmental audits the "privilege" of keeping their findings secret. That's why we refer to them as "pollution secrecy" laws. Some states have laws that also include immunity provisions allowing polluters who confess to violating environmental laws to be forgiven without penalty. Some versions of audit privilege -- with and without immunity provisions -- have become law in 19 states. All too often they are disguised behind benign-sounding language. The Sierra Club and its allies are fighting these laws state by state and in the U.S. Congress. Our challenge is to expose the true effects of these laws: denying citizens their right to know and letting polluters off the hook. Myths and Facts Myth: Supporters of pollution secrecy say the law is a necessary and effective way to encourage companies to obey complex environmental restrictions. Fact: The law is the law and businesses shouldn't need incentives to obey it. Does the IRS give taxpayers a reward for paying their taxes on time? Myth: These laws encourage businesses to monitor their own environmental performance. Fact: businesses should be encouraged to monitor themselves and most already do conduct internal environmental audits to help catch and correct mistakes. This can make them more efficient, productive and profitable. They will continue to conduct these audits whether pollution secrecy becomes law or not. Myth: By removing the threat of government penalties, the law offers a big incentive for companies to identify and remedy their environmental violations. Fact:The EPA already has a common sense policy that reduces or eliminates penalties for companies that do the right thing -- that come forward, admit their mistakes, and develop and implement a cleanup plan. An Example Waste Management Inc. (WMX) -- the nation's largest waste handling firm -- owns and operates a polluting landfill in Cincinnati, Ohio, which is adjacent to a low-income, primarily African-American neighborhood. Residents of the community have been struggling for ten years to force WMX to clean up of the dump, which they suspect is causing chronic health problems in the neighborhood. Communities United for Action (CUFA), a local citizens' group, obtained environmental audit information on pollution coming from the dump site through the administrative permitting process. The information indicated that toxic gas emissions from the landfill consistently entered into the surrounding community. It also showed that WMX was violating federal environmental pollution laws. However, shortly after CUFA obtained the information, Ohio passed a pollution secrecy law that shielded companies from prosecution if they voluntarily disclosed their violations in an internal audit. WMX filed a motion with the state asking that CUFA return all the documents the waste handling firm gave to them, arguing that it was protected information under the new state law. CUFA has not yet had to return the documents, and they have now taken the case to the federal level. WMX's failure to take responsibility for its actions demonstrates the harm incurred by "privileges" of pollution secrecy laws. Further Information: Read the Sierra Club's November 1997 Planet article to find out if your state allows these laws. Check out the Western Organization of Resource Councils to learn more about Polluter Secrecy and their member groups. Up to Top HOME | Email Signup | About Us | Contact Us | Terms of Use | © 2008 Sierra Club |
