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GENERAL ELEC. CO. v. U.S. E.P.A.

No. 93-1807.

53 F.3d 1324 (1995)

GENERAL ELECTRIC COMPANY, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided May 12, 1995.

As Corrected June 19, 1995.

Attorney(s) appearing for the Case

Andrew J. Pincus, Washington, DC, argued the cause, for petitioner. With him on the briefs, were John J. Sullivan, John P. Schmitz, Washington, DC, and Francis S. Blake, Schenectady, NY.

Robert I. Dodge, Atty., U.S. Dept. of Justice, Washington, DC, argued the cause, for respondent. With him on the brief were Lois J. Schiffer, Asst. Atty. Gen., U.S. Dept. of Justice and James H. Curtin, Atty., U.S. E.P.A., Washington, DC. Mary E. Gleaves and Russell M. Young, Washington, DC, entered appearances.

Before: WALD, SILBERMAN, and TATEL, Circuit Judges.

TATEL, Circuit Judge:

The Environmental Protection Agency fined the General Electric Company $25,000 after concluding that it had processed polychlorinated biphenyls in a manner not authorized under EPA's interpretation of its regulations. We conclude that EPA's interpretation of those regulations is permissible, but because the regulations did not provide GE with fair warning of the agency's interpretation, we vacate the finding of liability and set aside the fine...

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