United States DC Circuit

The "PCB Risk Assessment Review Guidance Document" issued by the EPA is a binding legislative "rule" and should not have been issued without prior notice and an opportunity for public comment, under the Toxic Substances Control Act and Administrative Procedure Act.

Appellate Information

• Argued 12/03/2001
• Decided 05/17/2002
• Published 05/17/2002

Judges

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

Court

• United States DC Circuit

Counsel

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


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