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GENERAL ELECTRIC COMPANY v. ENVIRONMENTAL PROTECTION …

Although GE and EPA have ongoing interactions over remediation at several locations, see General Electric, 257 F.Supp.2d at 24, GE's lawsuit does not challenge any particular action or order by EPA. The district court's conclusion that GE's facial constitutional challenge is barred by § 113(h) renders much of this provision surplusage: gone is the limitation to challenges to removal or remediation actions.…

290 F3d 377 General Electric Company v. Environmental ...

Dec 03, 2001 · In the same vein, the EPA contends that the Fifth Circuit's decision in Central & South West Services, Inc. v. EPA, 220 F.3d 683, 695 (2000), remanding the Final Rule governing PCB remediation and decontamination — which Rule the Agency promulgated using the 4.0 (mg/kg/day)-1 toxicity factor — was "[i]n effect" a decision that the case was "not ripe because EPA's position on this ……

United States Environmental Protection Agency v. General ...

General Electric Co. No. 98-6279 (197 F.3d 592, 49 ERC 1877) (2d Cir. December 14, 1999) The court holds that although a subpoena duces tecum issued by a manufacturer against the U.S. Environmental Protection Agency (EPA) to produce certain discovery documents in a lawsuit in which it was not a party is barred by sovereign immunity, the Administrative Procedure Act (APA) waives that immunity.…