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...string of court victories and regulatory clearances that is still unbroken. After years of floundering, Harvard and MATEP have begun to look like winners. Following Fierra's decision, Harvard immediately set to work on hurdling the plant's last regulatory obstacle--approval from the federal Environmental Protection Agency (EPA)--which it did successfully, if not gracefully...
...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...
Herbert Wiser, an EPA science adviser, called the findings no more than "mildly suggestive." One problem, added Shelby Tilford, NASA'S chief of atmospheric processes, is that the amount of ozone may fluctuate with variations in the sun's ultraviolet radiation. To help settle the argument, Harvard's James G. Anderson plans to launch a huge balloon, 450 ft. in girth, in New Mexico next fall. Equipped with a battery of sensitive devices, its gondola will move up and down like a yo-yo through the upper atmosphere, between altitudes of 12 miles and 25 miles...
Last week the ranchers loudly argued their case at EPA hearings in Denver and outside Washington, B.C. Said Donald Meike, board chairman of the National Wool Growers Association: "Every method of counting shows an increased loss of sheep." But John Grandy IV, executive vice president of Defenders of Wildlife, contended: "Returning to 1080 would bring back the specter of mass, nonselective killing of animals...