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At the urging of well-funded lobbies, many states have passed agricultural disparagement laws and environmental audit privileges.
63) Therefore, since EPA will gain access to federal court based on federal question jurisdiction when seeking to enforce its statutory right to request a company's environmental audit, the federal common law of privileges should apply.
Nevertheless, the EPA's new policy on incentives for disclosure, correction and prevention of environmental violations notes that the agency will not make "routine" requests for environmental audit reports from companies that have either established self-policing programs or can demonstrate that they have adopted due diligence programs to comply with those laws.
According to a Price Waterhouse survey of the companies that do environmental audits, more than 45 percent said that they don't want to expand their auditing program because the information could be used against them.
A thorough environmental audit may generate some potentially sensitive data or closely guarded trade secrets.
In a sworn affidavit, the lawyer stated that the environmental audit report was obtained by him on behalf of his clients in order that he could provide his clients with legal advice.
Should conditions indicate a "no go" response, the investment in an environmental audit leading to this finding is not lost.
The EC also is considering whether to issue a draft proposal making periodic environmental audits mandatory for certain industrial activities - and the current thinking of the EC is that such audits should be made publicly available.
The Environmental Audit Committee isn't there to tear strips off the government for the sake of it; it's there to hold the government to account, to praise it when it's doing well, but when it's failing to actually say 'you need to do a lot better.
On Thursday, MPs packed Westminster Hall to debate the Environmental Audit Committee report, which sparked the food versus fuel controversy in January.
The debate on the pros and cons of biofuels is heating up, with reports warning of rising food prices and rainforest destruction from increased biofuel production, and the EU's biofuel targets coming under scrutiny by the Royal Society and yesterday the House of Commons Environmental Audit Committee.
The Institute's environmental audit helps companies to benchmark environmental performance, and identify improvements and cost savings on their energy, water and waste.

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