Environment & Energy Report

Boeing’s Use of EPA ‘Expert’ Reports in Hazmat Case OK’d

Feb. 12, 2019, 2:17 PM

The Boeing Co., Meritor Inc., and Rockwell Automation Inc., can’t rely on EPA environmental studies as expert evidence in a hazardous waste case, but the reports are still admissible as trustworthy public documents, a federal court in Mississippi ruled.

The tension between two court rules—one governing the admissibility of expert witness reports and the other for public documents—is best resolved by viewing the EPA reports under the trustworthiness standard applicable to public records under Fed. R. Civ. Proc. 803, the U.S. District Court for the Northern District of Mississippi said Feb. 11.

The decision came in litigation...

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