Governing Law and Regulations
Michigan Environmental Audit Privilege and Immunity Act (Act), Michigan Compiled Laws (MCL) 324.14801 to 324.14810
Michigan attorney-client privilege: Michigan Rules of Evidence (MRE) 501
Definitions: MCL 324.14801
Exceptions: MCL 324.14802
Waiver of privilege: MCL 324.14803
Request for disclosure by state or local authorities: MCL 324.14804
Criminal proceedings: MCL 324.14805
Burden of proof: MCL 324.14806
Immunity: MCL 324.14809
Penalties: MCL 324.14807
Annual reports: MCL 324.14810
Michigan Department of Natural Resources and Environment (DNRE)
U.S. Environmental Protection Agency (EPA) Region 5
See ADDRESSES & CONTACTS for addresses and telephone numbers.
See national section for basic information and federal regulations.
Comparison: State vs. Federal
• Rules. Michigan protects environmental audit information as nonadmissible evidence in a civil, criminal, or administrative action, including enforcement actions under state law. However, a facility may have to disclose results of an audit to regulatory investigators if the audit privilege was fraudulently claimed. Also, the privilege may be lost if noncompliance is not promptly corrected.
The state Act does not provide any immunity from federal laws or regulations. EPA's Region 5 office should be contacted regarding the federal policy on self-audits and voluntary disclosure. See the national section AUDITS for a description of EPA's current audit policy.
• Administration and enforcement. DNRE administers and enforces Michigan's audit privilege rules. EPA administers federal audit privilege laws and policies concerning violations of federal rules.
Michigan has enacted an ...