Eric Groten(L) and Taylor Holcomb(R) of Vinson & Elkins.Courtesy photos
On Aug. 10, a Texas federal district court compelled the owner of a manufacturing plant to produce arguably privileged emissions information to an environmental activist group suing it for alleged Clean Air Act violations. Unless this ruling is changed or clarified on appeal or in other cases, it cautions against generating confidential information in reliance on the privilege from disclosure created by the Texas Environmental, Health and Safety Audit Privilege Act (the “Texas Audit Act”), at least under circumstances in which there is a meaningful risk of federal court litigation.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
