Word: epa
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Dates: during 1980-1989
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...federal Clean Air Act of 1978. The Act exempts non-profit health or educational institutions upon the request of state governors. Bok wrote King that MATEP qualified as a non-profit facility and had already been scrutinized by a state environmental investigation much more stringent than the one EPA would conduct. King asked for the exemption in March. It was granted in May. And in June, a U.S. Appeal Court judge rejected a request from MATEP opponents for an injunction on the plant's completion, pending their October appeal of the EPA decision. In a matter of months, a bleak...
Harvard has agreed to keep the switches off until after the EPA question is resolved in court this October, but community groups opposed to the plant have not been mollified. The plant has cleared many hurdles, but not without stepping on what protestors consider some tenuous turf. They question the legal rationale behind the recent victories and trace the facility's newly-found success to backroom powerbroking...
...coalition is even confident of victory in the upcoming appeals of the EPA and DEQE decisions, although Ploss believes that "When you enter the courtroom, you enter Harvard's den." The coalition's lawyers contend that MATEP is not entitled to the status of a non-profit health or educational institution granted it by the EPA. "They created MATEP as a for-profit institution and now they wish to disregard that and have the plant considered part of Harvard. It's clear from the law that you can't," says Jerome Aaron, the attorney who will represent Mission Hill...
Harvard officials expect the appeals court to agree with the EPA's acting regional administrator, Leslie Carothers, who wrote in May that opponents were looking at MATEP's corporate composition "too narrowly." Carothers, the EPA official responsible for granting MATEP non-profit status, wrote in her decision that "Although the facility viewed in isolation is a power plant, not a school or hospital, its purpose is to provide the total energy requirements of...health care or educational institutions...MATEP should be viewed as a mere ancillary vehicle...
Little seems to have changed between Carothers' decision and now. Like last September, Harvard will enter the courtroom in October with the support of a major regulatory agency. In fact, this time the agency--the EPA--will do most of the fighting, as it defends the legitimacy of its own decision. Harvard will merely be "holding up their hands," a University lawyer says...