Sharp disagreement over 'credible evidence'

Abstract

The Environmental Protection Agency has issued a rule that makes it perfectly clear that neither it nor anyone else has to rely exclusively on reference test methods to prove violations of various Clean Air Act emissions standards, including new source performance standards and national emissions standards for hazardous air pollutants. Instead, anyone may present any credible to prove these violations. A reference test method is spelled out in a facility's permit and provides exact instructions on how to determine whether that facility is exceeding the emissions limits established by the law. It provides regulators with information they can use in court to prove violations. Some courts have held that the reference test method is the only admissible evidence of a violation; other courts have held otherwise. And EPA wants to make sure the law is clear so that the agency doesn't have to litigate the admissibility of nonreference test data every time it goes ...