Clean Air Act Enforcement: Issues Related to the Federal Credible Evidence Rule

摘要

This paper will explore the expanding role that the Environmental Protection Agency ("EPA") "any credible evidence" regulation will play in the enforcement of federal and state Clean Air Act requirements. In order to do this, the paper briefly addresses the regulatory history of the credible evidence issue. Both the industry and EPA perspectives on the rationale for and/or ramifications of the rule will be explored. This will include an examination of the United States Court of Appeals District of Columbia Court of Appeals decision in Clean Air Implementation Project v. Environmental Protection Agency, 150 F.2d 1200 (1998) ("Clean Air Implementation Project") which addressed the initial industry challenges to the rule. The federal EPA view of this issue will be reviewed. Of equal importance will be a discussion of several Clean Air Act judicial decisions and/or settlements in which credible evidence has played a significant role. A critique of how courts in the past may have addressed such issues differently is included . The potential effect of this rule on Clean Air Act citizen suits is also necessary. Other topics will include the role of the ACE rule at the state level along with its relevance to Title V compliance certifications and environmental compliance audits.