Affirmative Defense

{
  "id": "MLC-T-ENV-000689",
  "term": "Affirmative Defense",
  "field": "Environment",
  "definition": "1. In the context of an enforcement proceeding, a response or defense put forward by a defendant, regarding which the defendant has the burden of proof, and the merits of which are independently and objectively evaluated in a judicial or administrative proceeding. [40 CFR 60.41a (CFR 2013)][40 CFR 60.41Da (CFR 2013)][40 CFR 60.71a (CFR 2013)][40 CFR 63.1272 (CFR 2013)][40 CFR 63.761 (CFR 2013)][40 CFR 63.782 (CFR 2013)][40 CFR 63.801 (CFR 2013)][40 CFR 63.822 (CFR 2013)][40 CFR 63.1156 (CFR 2013)][40 CFR 63.1251 (CFR 2013)]\n\n2. IIn the context of an enforcement proceeding, a response or defense put forward by a defendant, regarding which the defendant has the burden of proof, and the merits of which are independently and objectively evaluated in a judicial or administrative proceeding.\n\n3. In the context of an enforcement proceeding, a response or defense put forward by a defendant, regarding which the defendant has the burden of proof, and the merits of which are independently and objectively evaluated in a judicial or administrative proceeding. [40 CFR 63.10042 (CFR 2013)][40 CFR 63.11237 (CFR 2013)][40 CFR 63.11502 (CFR 2013)]\n\n4. In the context of an enforcement proceeding, a response or defense put forward by a defendant, regarding which the defendant has the burden of proof, and the merits of which are independently and objectively evaluated in a judicial or administrative proceeding. This rule provides an affirmative defense to actions for penalties brought for excess emissions that arise during certain malfunction episodes.\n\n5. In the context of an enforcement proceeding, a response or defense put forward by a defendant, regarding which the defendant has the burden of proof, and the merits of which are independently and objectively evaluated in a judicial or administrative proceeding.\n\n6. In the context of an enforcement proceeding, a response or a defense put forward by a defendant, regarding which the defendant has the burden of proof, and the merits of which are independently and objectively evaluated in a judicial or administrative proceeding.\n\n7. in the context of an enforcement proceeding, a response or a defense put forward by a defendant, regarding which the defendant has the burden of proof, and the merits of which are independently and objectively evaluated in a judicial or administrative proceeding. Beginning on July 15, 2024, this definition of affirmative defense no longer applies.",
  "references": [
    "40 CFR 63.341",
    "40 CFR 63.1542 (CFR 2013)",
    "40 CFR 63.12005 (CFR 2013)",
    "40 CFR 49.5513 (CFR 2013)",
    "40 CFR 49.5512 (CFR 2013); 40 CFR 62.16045 (CFR 2018); 40 CFR 63.441 (CFR 2018)",
    "40 CFR 63,482 (2018)",
    "40 CFR 63.482 (CFR 2024)"
  ],
  "url": "https://mlchart.com/terminology/environment/affirmative-defense/"
}