The Louisiana Legislature, with Governor Edwards' approval, finally passed an environmental audit privilege law. It has been decades in coming. Public interest organizations have been fearful that industry would hide violations behind such laws. (They were concerned that pollution releases below reportable quantities (RQs) could be kept secret, however such releases already have to be reported to the Louisiana Department of Environmental Quality (LDEQ) if permits are being violated.) Act 481 was passed by the Legislature this summer and signed by the governor on June 29 and becomes effective August 1. Act 481 amends La. R.S. 30:2030 et seq. to provide that information submitted to the LDEQ in voluntary self-audits remains confidential until the LDEQ makes a final decision on the case (e.g., corrective action completion, penalties), but only up to two years. Written requests for confidentiality will probably be advisable. Information already required by law to be reported to the LDEQ — e.g., discharge monitoring reports, air deviation reports, RQ releases — will not be confidential. It appears that operational and maintenance issues and company proprietary information are within the main protective scope of the new law. Continue reading >