· 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 CourtListenerSourced 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.