40 C.F.R. § 22.24
Burden of presentation; burden of persuasion; preponderance of the evidence standard
(a) The complainant has the burdens of presentation and persuasion that the violation occurred as set forth in the complaint and that the relief sought is appropriate. Following complainant's establishment of a prima facie case, respondent shall have the burden of presenting any defense to the allegations set forth in the complaint and any response or evidence with respect to the appropriate relief. The respondent has the burdens of presentation and persuasion for any affirmative defenses.
(b) Each matter of controversy shall be decided by the Presiding Officer upon a preponderance of the evidence.
Notes of Decisions
Cited in 2
cases, 1989–2010 · leading case: Reckitt Benckiser Inc. v. Env't Prot. Agency, 613 F.3d 1131 (D.C. Cir. 2010).
Reckitt Benckiser Inc. v. Env't Prot. Agency, 613 F.3d 1131 (D.C. Cir. 2010). “§ 136Z (a)(3); 40 C.F.R. § 22.24 . EPA can pursue a criminal mis *1135 branding action, in which it bears the burden to prove a violation beyond a reasonable doubt.”
Hazardous Waste Treatment Council v. U.S. Env't Prot. Agency, Edison Elec. Inst., Chem. Mfrs. Ass'n, Intervenors, 886 F.2d 355 (D.C. Cir. 1989). “EPA has provided, with respect to its regulatory programs generally, that "[t]he complainant has the burden of going forward with and of proving that the violation occurred as set forth in the complaint_” 40 C.F.R. § 22.24 (1988) (emphasis added).”
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