· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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