D. E. R. v. BETHLEHEM STEEL CO., ET AL.

No. 1054 C.D. 1975.

23 Pa.Commw. 387 (1976)

Commonwealth of Pennsylvania, Department of Environmental Resources, Petitioner v. Bethlehem Steel Corporation & Lewis W. Foy, Chairman, Bethlehem Steel Corporation; & Thomas N. Crowley, General Manager Johnstown Plant, Bethlehem Steel Corporation; & Harold F. Miller, General Manager, Bethlehem Plant, Bethlehem Steel Corporation, Respondents.

Commonwealth Court of Pennsylvania.

February 18, 1976.


Attorney(s) appearing for the Case

Robert E. Yuhnke, Assistant Attorney General, for petitioner.

Paul A. Manion, with him Robert M. Walter, Robert W. Watson, Jr., and Reed, Smith, Shaw & McClay, for respondent.

Submitted on briefs October 20, 1975, to President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.


OPINION BY JUDGE MENCER, February 18, 1976:

This case is before us on the preliminary objections of Bethlehem Steel Corporation (Bethlehem) to the petition of the Department of Environmental Resources (DER) seeking enforcement of Air Pollution Abatement Order No. 72-533 (order) which resulted from a consensual agreement executed on February 25, 1972 by Bethlehem and DER. The order provides, among other things...

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