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FLORIDA POWER & LIGHT CO. v. E.P.A.

No. 95-1093.

145 F.3d 1414 (1998)

FLORIDA POWER & LIGHT COMPANY, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided June 26, 1998

Attorney(s) appearing for the Case

Douglas H. Green argued the cause and filed the briefs for petitioner with whom Norman L. Rave, Jr. was on the brief.

Seth M. Barsky, Attorney, U.S. Department of Justice, argued the cause for respondent, with whom Lois J. Schiffer, Assistant Attorney General, and Jonathan Z. Cannon, General Counsel, Environmental Protection Agency, were on the brief.

Before: EDWARDS, Chief Judge, SENTELLE and GARLAND, Circuit Judges.

HARRY T. EDWARDS, Chief Judge:

Petitioner Florida Power and Light Company ("Florida P&L" or "the company") petitions for review of two statements made in the preamble to a proposed rule relating to the requirements a state must meet to be authorized to administer certain aspects of the Resource Conservation and Recovery Act of 1976, Pub.L. No. 94-580, 90 Stat. 2795 (1976) ("RCRA"). We dismiss the petition for lack of statutory jurisdiction because the preamble...

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