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

No. 00-1394.

290 F.3d 377 (2002)

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

United States Court of Appeals, District of Columbia Circuit.

Decided May 17, 2002.

Attorney(s) appearing for the Case

Angus Macbeth argued the cause for petitioner. With him on the briefs were Patricia K. Casano, Christopher L. Bell and Timothy K. Webster.

H. Michael Semler, Attorney, U.S. Department of Justice, argued the cause and filed the briefs for respondent.

Before: GINSBURG, Chief Judge, and RANDOLPH and TATEL, Circuit Judges.

Opinion for the Court filed by Chief Judge GINSBURG.

GINSBURG, Chief Judge:

General Electric Co. petitions for review of the "PCB Risk Assessment Review Guidance Document" issued by the Environmental Protection Agency. The parties dispute (1) whether this case is ripe for review; (2) whether the Document is a "rule" within the meaning of § 19(a) of the Toxic Substances Control Act (TSCA), and hence whether the court has jurisdiction to review its promulgation...

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