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· 5/17/2002

General Electric Co. v. Environmental Protection Agency

Citations

  • 290 F.3d 377
  • 351 U.S. App. D.C. 291
  • 32 Envtl. L. Rep. (Envtl. Law Inst.) 20672
  • 54 ERC (BNA) 1385
  • 2002 U.S. App. LEXIS 9507

How courts have described this case

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

  • concluding that, even though EPA “guidance” briefly “an-tieipate[d] and acknowledge[d]” flexibility in the application of its policies, “that d[id] not undermine the binding force of the Guidance Document in standard cases”
  • finding that an EPA risk assessment document was a legislative rule, “because on its face it purports to bind both applicants and the Agency with the force of law”
  • determining that EPA guidance facially purported to apply to both regulated entities as well as the agency itself
  • determining that an agency violated the APA by issuing a binding agency pronouncement without first complying with the notice-and-comment requirements
  • requiring notice and comment procedures for a guidance document to have the force of law
  • finding a challenge to agency action ripe where “nothing would be gained by delaying review”

Source: CourtListener parenthetical corpus (CC0).

Judges: Ginsburg, Randolph, Tatel

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.