United States Environmental Protection Agency v. General Electric Company, Grand Street Artists

Judge MINER dissents in a separate opinion.

JACOBS, Circuit Judge:

Cross-motions for rehearing have been filed, with respect to this Court’s December 14, 1999 opinion in the above-captioned case, United States Envtl. Protection Agency v. General Elec. Co., 197 F.3d 592 (2d Cir.1999), pursuant to Rules 35 and 40 of the Federal Rules of Appellate Procedure.

The United States Environmental Protection Agency (“EPA”) asks the Court to reconsider our holding that- the- district court, pursuant to Section 702 of the Administrative Procedure Act (“APA”), 5 U.S.C. § 702, may entertain General Electric’s…