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WHEELING-PITTSBURGH STEEL CORP. v. DEP

No. 1297 C.D. 2008

979 A.2d 931 (2009)

WHEELING-PITTSBURGH STEEL CORPORATION and American Iron Oxide Company, Petitioners v. DEPARTMENT OF ENVIRONMENTAL PROTECTION, Respondent.

Commonwealth Court of Pennsylvania.

Decided August 6, 2009.

Attorney(s) appearing for the Case

Paul K. Stockman, Pittsburgh, for petitioners.

John H. Herman, Pittsburgh, for respondent.

BEFORE: LEADBETTER, President Judge, COHN JUBELIRER, Judge, and FRIEDMAN, Senior Judge.

OPINION BY President Judge LEADBETTER.

Wheeling-Pittsburgh Steel Corporation (Wheeling Steel) and American Iron Oxide Company (AMROX) (collectively, Petitioners) petition for review of the orders of the Environmental Hearing Board (EHB) that affirmed, as modified, the decision of the Department of Environmental Protection (DEP) and denied Petitioners' petition to reopen the record to present additional evidence. DEP granted AMROX a variance from the classification...

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