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U.S. v. WHEELING-PITTSBURGH STEEL CORP.

No. 88-3447.

866 F.2d 57 (1988)

UNITED STATES of America, Appellant, v. WHEELING-PITTSBURGH STEEL CORPORATION, and Monessen, Inc. (a wholly-owned subsidiary of Sharon Steel Corporation, Appellee.

United States Court of Appeals, Third Circuit.

Decided October 12, 1988.

Attorney(s) appearing for the Case

Roger J. Marzulla, Asst. Atty. Gen., Robert L. Klarquist, David P. Hackett, Robert R. Kuehn, Jacques B. Gelin (argued), Dept. of Justice, Land & Natural Resources Div., Washington, D.C., James M. Baker, Sr. Asst. Regional Counsel, U.S. E.P.A., Region III, Philadelphia, Pa., for appellant.

Lawrence A. Demase (argued), Edward Gerjuoy, Rose, Schmidt, Hasley & DiSalle, Leonard A. Costa, Jr., Dickie, McCamey & Chilcote, P.C., Pittsburgh, Pa., for appellees.

Carl B. Frankel, Associate General Counsel, Paul Whitehead, Asst. General Counsel, United Steelworkers of America, Pittsburgh, Pa., Bernard Kleiman, Chicago, Ill., for amicus curiae United Steelworkers of America, AFL-CIO and its Local 2698.

Fried, Frank, Harris, Shriver & Jacobson, New York City, Stonecipher, Cunningham, Beard & Schmitt, Pittsburgh, Pa., for amicus curiae Unsecured Creditors of Sharon Steel Corp.

Before BECKER, HUTCHINSON and COWEN, Circuit Judges.

OPINION OF THE COURT

BECKER, Circuit Judge.

This opinion addresses a motion by the United States, on behalf of the Environmental Protection Agency, for summary reversal of an order of the district court amending a consent decree. The decree, entered in 1979 and subsequently amended, required appellee Wheeling-Pittsburgh Steel Corporation (Wheeling-Pitt), inter alia, to install a sulfur dioxide emission control system in its Monessen (Pa.) coke plant...

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