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W.R. GRACE & CO. v. EPA

Nos. 99-5662 & 00-3302 (Consolidated).

261 F.3d 330 (2001)

W.R. Grace & Co, Petitioner, v. UNITED STATES Environmental Protection Agency, Respondent.

United States Court of Appeals, Third Circuit.

Opinion filed August 10, 2001.

Attorney(s) appearing for the Case

Joshua M. Levin (Argued) United States Department of Justice, Environmental Defense Section P.O. Box 23986 Washington, D.C. 20026-3986

Yvette M. Wilkerson-Barron United States Department of Justice Environmental & Natural Resources Division 10th & Pennsylvania Avenue, N.W. Washington, D.C. 20530

Susan Perdomo United States Environmental Protection Agency Office of General Counsel C-14 77 West Jackson Boulevard Chicago, IL 60004, Counsel for Respondent.

Christopher H. Marraro (Argued) Wallace, King, Marraro & Branson 1050 Thomas Jefferson Street, N.W. Suite 500 Washington, D.C. 20007, Counsel for Petitioner.

BEFORE: MANSMANN, ALITO and AMBRO, Circuit Judges.

OPINION OF THE COURT

AMBRO, Circuit Judge.

Two cases are before us. Case No. 99-5662 is a petition for review of a July 29, 1999 order (the "July 29 Order" or "Order") issued by the United States Environmental Protection Agency (the "EPA") to W.R. Grace & Co. ("Grace") pursuant to the emergency provisions of the Safe Drinking Water Act ("SDWA"), 42 U.S.C. § 300i(a). Case No. 00-3302 is also a petition for review, this time of a Statement of Work...

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