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D. E. R. v. WHEELING-PITTSBURGH STEEL

No. 529 C.D. 1975.

22 Pa.Commw. 280 (1975)

Commonwealth of Pennsylvania, Department of Environmental Resources, Petitioner v. Wheeling Pittsburgh Steel Corporation, Respondent.

Commonwealth Court of Pennsylvania.

December 10, 1975.

Attorney(s) appearing for the Case

Thomas M. Burke, Special Assistant Attorney General, for petitioner.

Paul A. Manion, with him Reed, Smith, Shaw & McClay, and, of counsel, George Raynovich, Jr., for respondent.

Submitted on briefs, August 27, 1975, to President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY PRESIDENT JUDGE BOWMAN, December 10, 1975:

This matter is before us on a petition for enforcement of an administrative order brought by Department of Environmental Resources (DER).

In June 1972, respondent, Wheeling-Pittsburgh Steel Corporation, applied for a variance from minimum standards relating to particulate matter emissions into the atmosphere as established by DER regulations, 25 Pa. Code §§ 123.13, 123.41. The variance sought...

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