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· 6/26/1998

Florida Power & Light Company v. Environmental Protection Agency

Citations

  • 145 F.3d 1414
  • 330 U.S. App. D.C. 344
  • 28 Envtl. L. Rep. (Envtl. Law Inst.) 21347
  • 46 ERC (BNA) 2013
  • 1998 U.S. App. LEXIS 13597

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • rejecting challenge to preamble as unreviewable and unripe because agency had “yet to issue or defend a formal order applying this rule”
  • describing preamble to a proposed rule as not a final action for purposes of 42 U.S.C. § 6976(a)
  • finding lack of fitness for review where it was unclear “whether, or on what grounds, EPA would even apply” the challenged rule to petitioners
  • “When a challenged decision is not ‘fit’ for review, the petitioner must show ‘hardship’ in order to overcome a claim of lack of ripeness.”
  • burden of participating in further proceedings does not constitute a hardship
  • Federal Register notice at issue in Florida Power & Light

Source: CourtListener parenthetical corpus (CC0).

Judges: Edwards, Sentelle, Garland

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.