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WHEELING-PITTSBURGH STEEL CORP. v. U.S.E.P.A.

Civil Action No. 5:85-CV-124.

965 F.Supp. 852 (1997)

WHEELING-PITTSBURGH STEEL CORPORATION, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States District Court, N.D. West Virginia, Martinsburg Division.

April 24, 1997.

Attorney(s) appearing for the Case

William T. Fahey, Hinerman & Fahey, Weirton, WV, Kenneth S. Komoroski, Kenneth M. Argentieri, Kirkpatrick & Lockhart, Pittsburgh, PA, for Petitioner.

Patrick M. Flatley, Asst. U.S. Atty., Wheeling, WV, Catherine M. Rojko, U.S. Dept. of Justice, Environmental & Natural Resources Section, Washington, DC, for Respondent.

MEMORANDUM OF OPINION AND ORDER

BROADWATER, District Judge.

This matter is currently before the Court on a petition for dispute resolution ("Petition") by Wheeling-Pittsburgh Steel Corporation ("WPSC") under a 1989 Consent Decree entered in this civil action. WPSC seeks a declaration that the Consent Decree deprives the United States Environmental Protection Agency ("EPA") of authority to issue an administrative order compelling "corrective action...

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