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BETHLEHEM STEEL CORP. v. E. P. A.

No. 81-1489.

669 F.2d 903 (1982)

BETHLEHEM STEEL CORPORATION, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Third Circuit.

Decided February 4, 1982.

Attorney(s) appearing for the Case

Blair S. McMillin, (argued), Harley N. Trice, II, Thomas L. Allen, Reed Smith Shaw & McClay, Pittsburgh, Pa., for petitioner; Curtis H. Barnette, Gen. Counsel, Brent W. Robbins, Sr. Atty., Bethlehem, Pa., of counsel.

Nancy E. Long (argued), Jose R. Allen, Land & Natural Resources Div., Dept. of Justice, Carol E. Dinkins, Asst. Atty. Gen., Christopher Herman, E.P.A., Washington, D.C., for respondent; Robert M. Perry, Gen. Counsel, E.P.A., Washington, D.C., of counsel.

Before ALDISERT, ROSENN and WEIS, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

Parties to an agency proceeding generally must exhaust their administrative remedies before they can resort to the courts. In this case, a company that the Environmental Protection Agency charged with exceeding air pollution standards contends it should be excused from the exhaustion requirement. Since a statutory penalty accrues each day the alleged violation continues, the company fears that its potential financial...

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