General Electric Company v. United States Environmental Protection Agency

TATEL, Circuit Judge:

The Environmental Protection Agency fined the General Electric Company $25,000 after concluding that it had processed poly-chlorinated biphenyls in a manner not authorized under EPA’s interpretation of its regulations. We conclude that EPA’s interpretation of those regulations is permissible, but because the regulations did not provide GE with fair warning of the agency’s interpretation, we vacate the finding of liability and set aside the fine.

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GE’s Apparatus Service Shop in Cham-blee, Georgia decommissioned large electric transformers. Inside these transformers was a…