Opinion

Dow Chemical Co. Louisiana Operations Complex Cellulose & Light Hydrocarbons Plants, Part 70 Air Permit Major Modifications & Emission v. Reduction Credits

885 So. 2d 5
2004 La. App. LEXIS 2134
2004 WL 2074056

Court: Louisiana Court of Appeal
Filed: Sep 17, 2004
Status: Published
Author: Fitzsimmons
On the bench: Downing, Fitzsimmons, Whipple
Cited by: 14 cases

The opinion

11FITZSIMMONS, J.,

concurring, with reasons.

While I agree that the manifest error standard was replaced by one of a preponderance of the evidence, the mandated review does not end there. In addition, La. R.S. 49:964G(6) requires the reviewing court to “make its own determination and conclusions of fact by a preponderance of the evidence based upon 'its own evaluation of the record reviewed in its entirety,” after giving “due regard .to the agency’s determination of credibility issues.” After such an evaluation of the entire record, I respectfully concur.

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