More On Daubert: The 11th Circuit Allows EPA’s Experts To Testify On NSR Violations

Last spring, Robby Sanoff complained in this space about the problem resulting from appellate courts' refusal to give appropriate discretion to district judges in performing their gatekeeping function under Daubert. As Robby put it:

Robby will not be pleased by last's week's decision by the 11^th Circuit Court of Appeals in United States v. Alabama Power, reversing a district court order excluding EPA's expert testimony in support of its NSR enforcement action against Alabama Power. The Court majority performed an extensive review of the testimony provided in the Daubert hearing below, and concluded that the district court's decision was clearly erroneous. (For those of you concerned with the merits of these cases, the question was whether EPA's model, which clearly applied to determinations of emissions increases for