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

> Louisiana Court of Appeal · September 17, 2004 · 885 So. 2d 5

URL: https://www.frixlaw.com/law-library/cases/7770626

## Case

- **Full name:** In the Matter of DOW CHEMICAL CO. LOUISIANA OPERATIONS COMPLEX CELLULOSE AND LIGHT HYDROCARBONS PLANTS, PART 70 AIR PERMIT MAJOR MODIFICATIONS AND EMISSION v. REDUCTION CREDITS
- **Court:** Louisiana Court of Appeal
- **Decided:** September 17, 2004
- **Citations:** 885 So. 2d 5; 2004 La. App. LEXIS 2134; 2004 WL 2074056
- **Precedential status:** Published
- **Opinion:** Concurrence by Fitzsimmons
- **Judges:** Downing, Fitzsimmons, Whipple
- **Cited by:** 14 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7770626

## Opinion text

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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7770626. Public record. Not legal advice.