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General Electric Company v. Environmental Protection Agency

Petition for review of PCB Risk Assessment Review Guidance Document issued by EPA granted and Document vacated; Document was a "rule" for purposes of Toxic Substance Control Act, and EPA should have published a notice of proposed rulemaking, given interested parties an opportunity to comment, and held an informal hearing before promulgating Document.

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Argued December 3, 2001

On Petition for Review of an Order of the Environmental Protection Agency

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 s 19(a) of the Toxic Substances Control Act (TSCA), and hence whether the court has jurisdiction to review its promulgation; and (3) whether the Agency should have followed the procedures required for rulemaking in the TSCA and in the Administrative Procedure Act when it promulgated the Document. We conclude that the case is ripe for review, and that the Guidance Document is a legislative rule such that the court does have jurisdiction to entertain GE’s petition and the Document should not have been issued without prior notice and an opportunity for public comment.

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