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...ducks and geese, Environmental Protection Agency standards allow only a maximum daily intake level of 0.3 parts endrin per million. Tests in Montana showed concentrations up to four times greater than that. It looked like a solid case against hunting until the EPA chimed in to announce that its own standards provide a margin of safety "100 times higher" than the dosage that would affect a normal person. "A 60-lb. child could eat a whole teal and still be five times below the 'no effect' level," said an agency spokesman. To that, National Wildlife Federation Toxicologist George...
...Governor responded by asking the EPA to re-evaluate its policy on endrin use and petitioning Agency Administrator Anne Gorsuch for more money to monitor the problem in Montana. The state fish and game commission, meanwhile, conducted studies of toxin levels in 100 game fowl and announced that it would decide whether or not hunting could go on. Most hunters, busy polishing their shotguns and checking their decoys, would not comment on the situation...
...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...