Court Takes a Wait-and-See Approach To EPA Rules Challenged by Industry.

Chemical Market Reporter, August, 1998

A FEDERAL APPEALS court has dismissed a lawsuit filed by dozens of companies and industry groups seeking to overturn Environmental Protection Agency's credible evidence rule. The US Court of Appeals for the District of Columbia says it will delay its review of the regulation until other cases are brought challenging specific enforcement actions based on evidence obtained through use of the rule, which was adopted a year ago.

EPA issued the rule to clarify that state and federal regulators can use any evidence permitted under state and federal rules of evidence to prove violations of the Clean Air Act. But industry fears the regulation will result in a host of new enforcement actions based on minor deviations from air pollution emission limits....

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