Commonwealth, Department of Environmental Resources v. Wheeling-Pittsburgh Steel Corp.

OPINION OF THE COURT

O’BRIEN, Justice.

This appeal arises from the December 10, 1975, pretrial order of Commonwealth Court, which precluded appellant, Wheeling-Pittsburgh Steel Corporation (Wheeling), from introducing evidence relevant to the issues of the validity of an administrative order of the Pennsylvania Department of Environmental Resources (DER) and the regulations upon which the order was predicated. The order further denied Wheeling a jury trial.

The facts surrounding this appeal are as follows. On June 9, 1972, appellant requested from appellee a variance from DER’s regulations.…