Which type of standard is often regarded as more challenging to enforce legally?

Performance standards are often seen as more challenging to enforce legally because they focus on the outcomes or results that must be achieved rather than the specific methods or processes to reach those outcomes. This means that while a performance standard sets a desired level of performance, it allows considerable flexibility in how that performance is achieved.

Enforcement becomes complicated because it can be difficult to measure whether a performance standard has been met without clear benchmarks or methods for verification. In a legal context, proving compliance or non-compliance can require extensive evidence and expert testimony, which can introduce ambiguity.

In contrast, specification-type standards tend to be more straightforward since they prescribe particular requirements or practices that must be followed. Federal and state standards can vary in their enforceability but are typically based on legislation that clearly defines compliance measures.