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Show Ernest II. Linford The Salt Lake Tribune, Monday, January 20, 1986 A9 If Law Doesnt Catch Polluters, Maybe Citizen Suits Will scandalous lack of enforcement of laws has prompted Friends of the Earth, a national conservation organization, to sue 23 polluters in the northeastern United States. Friends of the Earth is joined in the action by the New Jersey Public Interest Research G up and the Atlantic States Legal Foundation. Every day more than 65,000 discharges pump billions of gallons of polluted water into the nations rivers, streams and lakes, says David R. Conrad in the latest issue of Not Man Apart, a publication of Friends of the Earth. That program known as the National Pollutant Discharge Elimination System makes it illegal to discharge pollutants without a permit and regulates the type and amount of pollutants that can be discharged. Dischargers may be penalized up to $10,000 for each violation of their permit specifications. The permit program has been plagued for years by widespread A 1983 report by the General Accounting Office found that more than 80 percent of the biggest dischargers in six states violated their permits during an period. An environmental group studied the compliance record of 55 major industrial dischargers in a single basin in New York state and found that during a two-yeperiod 87 percent had violated their permits at least once. Forty-eigh- t percent had discharged more than twice their legal permits and 50 percent reported violations more than 50 percent of the time. Similarly, an environmental group in New Jersey studied the compliance of 158 major industrial dischargers in the state and identified 4,327 permit violations over a five-yea- r period. A water-pollutio- n ar The response of government agencies to has been dismal. this massive In New Jersey it was found that EPA responded in some form to only 18 percent of the 4,327 violations, and referred only five cases to the Justice Department for prosecution. Even when enforcement actions have been taken, the penalties imposed on permit violators have been light. The average penalty imposed on industrial dischargers was only $23,700, and the average penalty has increased. For fiscal year 1984, six of the ten ERA regional offices each imposed total penalties of $30,000 or less, says Not Man Apart. During that same year, 16 of the 67 settled cases involved no penalty at all. The total penalties imposed nationwide by EPA in fiscal 1984 were less than a million dollars. Because of this breakdown in government enforcement efforts, Friends of the Earth and other enforcement groups have begun prosecution of permit violators directly under the citizen suit provision of the Clean Water Act. That provision permits citizens to sue polluters in federal court if government agencies fail to do so. Since 1982, more than 200 citizen suits have been filed. In comparison, EPA itself has settled or completed 400 enforcement actions in the last 10 years. Friends of the Earth has taken the lead in filing citizen suits, particularly in states with severe pollution problems and law enforcement. The strategy in these cases is simply to use companies' own reports against them. Permittees must monitor their discharge and report the results to EPA and state agencies. that makes plants appear green, Jerry E. Bishop, staff reporter, says in the Wall Street Journal. By the end of 1986, U.S. Forest Service officials will have drafted plans determining the course of forest management for Americas national forests over the next half century. Peter Coppelman of the Wilderness Society says everybody has a chance to influence the planning process. "You don't have to be a forester, an economist or a lawyer to participate in this process," Coppelman added. The battles over these plans will be fought by local activists because each of the nation's 125 national forests is developing its plan individually. Across the nation there are 53 million ajres of roadless forest land. The forest plans are being written in response to the 1976 National Forest Management act, which calls for each national forest administration to issue a draft plan, followed by a y period. The period allows people interested in 90-da- public-comme- nt protecting roadless areas, fish and wildlife or other forest values as well as people interested in logging, mining and building to otherwise get their views considered. The Forest Service must respond to relevant issues that are not already addressed by the draft plan. The draft plan then becomes part of the final version of the plan. A new kind of weed killer is being developed by a University of Illinois physiologist. The herbicide exploits a weak point in the complex chemical reaction by which plants produce chlorophyll, the magic molecule Sprayed on a lawn or corn c op at night, the weed killer lies dormant until the sun comes up. Within hours after si nlight bathes the plants the weeds wither aw ay while the grass or corn plants remain unfarmed. The photodynamic herbicide, as it is called, is the outgrowth of basic research by Constantin A. Robeiz of the horticulture department at the universitys Urbana campus. Since the early 1970s, Robeiz has been delving into the secrets of chlorophyll. The job of chlorophyll is to trigger photosynthesis, the chemical reaction by which plants convert sunlight, water and carbon dioxide into chemical energy that is converted into plant food. During darkness plants begin taking the first chemical steps to making chlorophyll, building up a supply of precursor molecules. At dawn, light triggers final reactions. Chlorophyll is produced and photosynthesis gets under way. For years scientists assumed that nature had selected an efficient method of making chlorophyll and that all plants evolved using p much the same chemical route. some Using laboratory techniques, however, Mr. Robeiz has discovered to his and other scientists astonishment that this isnt true. So far the Illinois researcher has uncovered six different chemical routes by which plants can make chlorophyll. More astonishing was Mr. Robeizs discovery that each species uses a unique sequence of one or more of these routes to make its chlorophyll. Mr. Robeiz has announced that he is able to reclassify plants into four broad groups step-by-ste- according to the routes they use to make chlorophyll and then switch at daylight to one of two entirely different routes to make chlorophyll. Later in the day they go back to one of the two original routes. Violets, on the other hand, follow completely different pattern and apples and clover still another pattern. The discovery raises a question as to why so many different methods of making chlor-phyevolved. To Mr. Robeiz, however, it also suggests a strategy for controlling use plants. If the plants growing different routes to chlorphyll it should be possible to gum up the works in one without harming the other. ll side-by-si- That is what Mr. Robeiz has done. His weed killer is built around a simple chemical known as ALA acid). This is the raw material all plants begin with in making chlorophyll regardless of which routes they use to the final product. Mr. Robeiz has found that if a plant is sprayed with just the right amount of ALA at the proper time it will accumulate a surplus of precursor molecules. In the presence of light these are activated but the plant is unable to deal with them. The plant essentially chokes or poisons itself. Nearby plants, using different routes, are unaffected even though they might have received splashes of ALA. ALA alone has all the markings of an ideal herbicide. It is present throughout nac ture and is to animals. It quickly degrades and is completely gone from the environment within 24 hours, Mr. Robeiz non-toxi- The Public Forum Tribune Readers Opinions Dont Deserve Pets On Dec. 21, I had left my home to rush over to Mervyns at Fort Union Boulevard. I remembered I had let my little dog out in the morning in our back yard and thought I better go home and put her in the house as it was an extremely cold day. I was northbound on 900 East, by Wheeler Historic Farm just northwest to where I live. I noticed a car had stopped. I began to slow down, pull over and stop. A young boy, around 12 years old, jumped n out and let a tabby cat out. By this time I was out of my car and approaching the vehicle. Then he let out a big tortoise shell one. As I approached the automobile, I noticed a man, a woman and the boy were in it. I shook my finger and said that was the wrong thing to do. I hurried and picked up the tabby cat. They wouldnt look at me and drove off. The tortoise shell cat ran across the street. I managed to put the tabby cat in my car and drove it into the Wheeler Farm. When I got there a tall gentleman was standing in the yard. I completely lost control and started crying. I asked him if he could take two cats, and he kindly said yes. I rushed back to find the other one. I full-grow- Forum Rules Public Forum letters must be submitted exclusively to The Tribune and bear writers full name, signature and address. Names must be printed on political letters but may be withheld for good reason on others. Writers are limited to one letter every 10 days. Preference will be given to short, typewritten (double spaced) letters permitting use of the writers true name. All letters are subject to condensation. Mail to the Public Forum, The Salt Lake Tribune, P.O. Box 867, Salt Lake City, Utah 84110. picked it up and drove back to Wheeler Farm. The gentleman was very sympathetic. I felt relieved that he would take the cats. They have many cats there. Two weeks after this had happened, I looked outside and to my amazement, there was the big tortoise shell cat. I took some food out to it. It was the same cat. I had remembered it had one blue eye. It was a mystery how it found me. I had decided to keep and care for it when it suddenly disappeared. It must cf been trying to get back to its owners somehow. People such as that are not fit to own an animal. I hope it found another home. Why do people have animals and later dump them on a street? AM SAM am only thankful I came along when I did. Many thanks to the people at Wheeler Historic Farm for taking care of so many animals. My heart goes out to all animals. God created them as well as he did us. JOYCE HICKS I is In the Dec. 9 Tribune, Granite School District demonstrated graphically, the progress that has been made in a variety of areas as demonstrated by Stanford Achievement Tests. For this improvement, all parents and citizens should congratulate teachers and administrators of Granite School District. However, the graph demonstrated also, an alarming concern, the methodical march toward the mediocre mean. If one were to compare the childs performance in the first grade with the fourth grade and finally the ninth grade, one sees a fearful decline in the performance. The implication of this is that the district creates average individuals. The enthusiasm and interest that a child has as they enter first grade, with a performance far beyond the national norm, was eroded over the next nine years. It is that erosion that should concern us all. I acknowledge the role of the public school is to educate the masses. My only dread is that the schools can take the young and make them into the mindless masses. JOSEPH D. CRAMER, M.D. No Santa Claus? Tom Hoover (Forum, Jan. 1) worries that if children are taught to believe in Santa Claus they eventually may conclude that all father gods, angels, and invisible beings Jesus are, as he put it, baloney. Actually, losing ones faith in Santa Claus, the Easter Bunny, the Tooth Fairy and the Stork is a valuable part of growing up. When children grow a little bit they usually lose some of their childhood beliefs. If they continue to grow, they will lose other childhood beliefs such as the one about gods and goddesses and, even, werewolves. Giving up a belief in invisible beings gives a child a firmer grip on reality and teaches the child to distinguish between the real world and the world of myth (as in the creation, the myth of myth of the seven-da- y the virgin birth, and the myth of the lost tribes of Israel). Can Mr. Hoover really distinguish between his gods and his Santa Claus? HAROLD M. ELLIOTT Ogden Chicago Tribune Service Are laws intended to help pregnant women and new mothers illegal sex discrimination against men? Is childbirth no different from any medical disability? Or can a state require employers to give new mothers maternity leave and reinstatement in their job? blind-side- d feminist groups, upset new parents, angered employers and resulted in a legal case which the Court last week agreed to decide. Supreme n Curiously, it has put the National Organiza-t.ofor Women, the American Civil Liberties Union and the Reagan administration all on the same side arguing against state laws to help pregnant women and new mothers. The case In question Involves Lillian Garland, a receptionist at the California Federal Savings and Loan Association in Los Angeles. She gave birth In February 1982, by Caesarean section. But In April, when she returned to work, she was told her job had been filled and no other openings were available. Garland then asked the California Department of Fair Employment and Housing for help. It filed a complaint against the savings and loan company charging it had vlo- - m Mindless Average & Lars-Er- ik Nelson Gorbachev Shows Skill and Clumsiness New York Daily News WASHINGTON Mikhail Gorbachevs new Soviet diplomacy has been both adroit and clumsy this week, with one skillful public relations ploy and one clumsy and potentially dangerous adventure. First, consider Gorbachevs offer to eliminate all nuclear weapons. For laughs, lets try it and see what were left with in the European military theater, where we have fought two world wars: The Soviets outnumber us in total available military manpower, 5 million to 2 million. They are ahead of us in tanks, 13,000 to 5,000. The Soviet edge in mechanized divisions is 43 to 5; in fighter bombers, 1,100 to 500; in artillery, 5,000 to 600. Take away our nuclear weapons, and we are in a deep hole. Gorbachev's scheme, former national security adviser Zbigniew Brzezinskl said Thursday, is a plan for making the world safe for conventional warfare. Without America's nuclear missiles to threaten them with annihilation, the Soviets could realistically plan, if they chose, to overrun Western Europe in a conventional military conquest. Therefore, we should reject it flat. But we cant. President Reagan too has proposed the eventual elimination of all nuclear once his "Star Wars shield is in weapons place. Reagans dream has the same flaw as Gorbachevs: It would make the world safe for Soviet conventional attack. e Gorbachev has made a cheap, he is a If the Reagan rejects plan, proposal. hypocrite, because the United States has made virtually the same proposal. Yet Reagan cant agree to eliminate nuclear weapons and give the Soviets the benefits of unno-los- challenged conventional military superiority. This is pretty clever chess, and typical of Soviet diplomacy at its best: a safe, simple, elegant maneuver based on a strong underlying position. By contrast, the Soviets are playing a even reckless less safe, less simple aggame with Libya, providing a half-magressive and uncontrollable dictator with Pregnant Women, New Mothers Need Job Protection The Issue has a seeing that they are treated precisely like not to provide extra help. men But recovering from physical disability isn't the only difficulty women face in returning to work after childbirth. So California and three other states passed laws extending pregnancy benefits beyond those for other medical disabilities. It's understandable that many employers would object to this extra expense. The Reagan administration, which filed a brief In a similar case from Montana, also is acting predictably. But for women, the issue Is causing an agonizing dilemma and a widening schism. What feminists fear is that any extra benefits or protections legislated for women will weaken the argument that they can hold their own with men In the marketplace. They cite a history full of Job protections used as excuses not to hire women and to Jobs. They exclude them from Insist that childbirth be treated as any other medical disability and that If provision Is made for Infant care, It be equalized as both maternal and paternal leave so women are not getting, or seen as needing, any special breaks, Those who support laws requiring prog- friend-of-the-cou- rt lated a 1978 California law requiring employers to give women up to four months' unpaid leave, without loss of job, for pregnancy and childbirth. The company, joined by other employers and business associations, responded by challenging the California law, claiming it illegally discriminates against men and violates the federal Pregnancy Discrimination Act of 1978. That federal law was pushed by feminists who wanted pregnancy to be covered by employers benefit plans as 1. It were a medical disability. It was Intended to reverse a 1976 Supreme Court decision that said employers didn't have to Include pregnancy In their disabilitv coverage. The Intent .of the federal law was to help womn by well-payin- nancy benefits argue, as did lawyers for the state of California, that pregnancy benefits merely seek to equalize male and female opportunities by minimizing the disadvantages childbearing creates for women in the workplace. They stress that almost all industrialized nations provide more maternity benefits than the United States and that the whole nation has an enormous stake in enabling women both to hold good jobs and to rear children well. Women may have been naive as they rushed Into the job market, assuming they could handle a career and without any concessions. But employers, who have profited from womens brainpower, hard work and typically lower pay scales, should have foreseen the need to make a few adjustments to the realities of their new work force. child-rearin- g It would be Ideal if employers would voluntarily change work rules to fit the new work force. But when that doesn't happen, It seems logical and fair that a nation that has laws regulating overtime pay, retirement age, un.on rights, access for the handicapped and affirmative action give a little extra Job protection and help to pregnant women and new mothers. the most modern military equipment and, at a tense moment with the United States, placing Soviet military forces directly in harms way. i Soviet SAM-- 5 missile sites are being installed in Libya. About 2,000 Soviet military and civilian technical advisers are stationed there. A Soviet warship, a submarine tender, is currently in Tripoli and more than two dozen other ships are stretched out in a picket line across the Mediterranean. Defense Secretary Caspar Weinberger said Tuesday that the Soviets, who normally shadow U.S. naval forces in the Mediterranean, are passing their intelligence on to the Libyans. Mondays interception of a U.S. E2C spy plane by two Soviet-mad- e Libyan Mig-25- s ended without incident; it could easily have been the spark for something worse. This is an awkward, dangerous and unusual position for the Soviets. They usually like to pretend that they aid countries under attack: They help Syria to defend itself from Israel. They help Cuba and Nicaragua to defend themselves from the United States, and Ethiopia to resist Somalia. Even the invasions of Afghanistan and Czechoslovakia were rationalized as Soviet "defense" against imperialist aggression. In Khadafy, however, the Soviets are aid- threat to the peace. ing a With Soviet aid he has invaded Chad, threatened Tunisia and Egypt, hosted Arab terrorists like the ones who attacked the Rome and Vienna airports and boasted that he will destroy Israel and bring down the Saudi royal family. Not even Libya's best friends would regard Khadafy as an innocent victim of U.S. pressure. The Soviets are protecting not a beleaguered Third World underdog but a world-renowne- d bloody lunatic. The reward for this aid would be of a major Soviet military presence in the Mediterranean, the replacement of safe harbors the Soviets lost when Anwar Sadat kicked them out of Egypt in 1972. And when Khadafy leaves the scene, the Soviets could be in a solid strategic position if his successors are slightly more rational but totally dependent on Soviet military aid. But this strategy, spelled out by Michael Katz of the Kennan Institute for Advanced Soviet Studies, depends on the avoidance of a major explosion in the meantime. It Is a situation over which the Soviets, for the moment, have no control. They are at the mercy of a madman, and trusting to luck. That is . not good chess. |
