Escalating the DDT Issue with More Court Cases

DDT Wars ◽  
2015 ◽  
Author(s):  
Charles F. Wurster

While HEW and USDA pondered these appellate court decisions, we turned our attention to several more local DDT problems. From a New York Times article (May 3, 1970), we learned that the Olin Chemical Corporation was manufacturing about 20% of the nation’s DDT in buildings owned by the federal government and leased to Olin on the site of the U.S. Army’s Redstone Arsenal near Huntsville, Alabama. A DDT-contaminated effluent from this plant was leaking into the Wheeler National Wildlife Refuge at concentrations known to inhibit reproduction of birds and fish. The refuge also served as a drinking water supply for the city of Decatur, implying a human health hazard as well. Downriver fisherman were also eating their catch, thus concentrating DDT to higher levels as well. In October 1969, the federal Water Quality Administration had recommended a stricter pollution control standard for the Olin plant. Olin said it could not meet that standard, and the Army then overruled the Water Quality Administration’s recommendation. So on June 5, 1970, EDF, along with the National Audubon Society and the National Wildlife Federation, sued in Federal District Court against Olin, the Department of the Army, and the Corps of Engineers seeking to stop the DDT-contaminated discharge. The complaint was written by EDF’s new attorney, Edward Lee Rogers. I supplied the scientific support, which was easy, since it was similar, although steadily expanding, to the Wisconsin hearings and the USDA and HEW cases. Only three days later Olin threw in the towel! On June 8 Olin decided to close its DDT plant and no longer make DDT. DDT apparently was not worth defending. They said they had reached that decision shortly before our case was filed. True or not, it was a quick and easy victory. We needed it. We had won by winning. Even as the legal briefs went back and forth between EDF, USDA, HEW, and the appeals court, another DDT battle was brewing in California. For years scientists had been puzzled by the extremely high levels of DDT contamination along the coast of Southern California compared with other marine environments.

1999 ◽  
Vol 27 (2) ◽  
pp. 205-205
Author(s):  
choeffel Amy

The U.S. Court of Appeals for the District of Columbia upheld, in Presbyterian Medical Center of the University of Pennsylvania Health System v. Shalala, 170 F.3d 1146 (D.C. Cir. 1999), a federal district court ruling granting summary judgment to the Department of Health and Human Services (DHHS) in a case in which Presbyterian Medical Center (PMC) challenged Medicare's requirement of contemporaneous documentation of $828,000 in graduate medical education (GME) expenses prior to increasing reimbursement amounts. DHHS Secretary Donna Shalala denied PMC's request for reimbursement for increased GME costs. The appellants then brought suit in federal court challenging the legality of an interpretative rule that requires requested increases in reimbursement to be supported by contemporaneous documentation. PMC also alleged that an error was made in the administrative proceedings to prejudice its claims because Aetna, the hospital's fiscal intermediary, failed to provide the hospital with a written report explaining why it was denied the GME reimbursement.


1982 ◽  
Vol 14 (3) ◽  
pp. 153-161
Author(s):  
C F Guarino ◽  
S Townsend

A review of legislation and implementing regulations pertaining to disposal of sludge at sea in the United States was performed. The experiences under the law of two major municipalities that have employed diposal at sea were studied and compared. Major changes are shown to have taken place in the Federal approach to regulating ocean disposal. Ocean dumping regulations are shown to have produced very different current situations for two major municipalities. The City of Philadelphia, operating under rigid federal policies, successfully ended ocean disposal over a year before the statutory deadline by implementing carefully managed, but costly, land-based sludge disposal alternatives. The City of New York, in contrast, still uses the ocean for sludge disposal and has recently won a ruling in Federal District Court which may allow continued ocean disposal for many years beyond the December 31, 1981 end-date proscribed by the law. †This paper should be included in Theme 1A - Legislation.


2003 ◽  
Vol 25 (4) ◽  
pp. 81-94 ◽  
Author(s):  
LAURENCE M. HAUPTMAN

In the late spring and summer of 2000, the author, a State University of New York employee, served as expert witness for the Cayuga Indian Nation in their land claims suit against New York State. He wrote a historical narrative on the dispossession of the Cayu-gas and what had happened to these Indians since 1795, gave a deposition, and testified in federal district court in Syracuse. Despite working off state time and carefully following state laws and SUNY's procedures of financial disclosure, he soon found himselfsub-jected to repercussions caused by his testimony. When the federal district court decision awarded the Cayugas $247.8 million, the fallout from the case intensified. The present memoir has relevance not just to State University of New York employees but to all federal, state, county, and municipal employees. The issue goes beyond one professor's academic freedom to speak out to tell the truth, but to the First Amendment rights of all government-employed historians.


1941 ◽  
Vol 1 (2) ◽  
pp. 178-198 ◽  
Author(s):  
Herbert Heaton

Peter A. Schenck, Surveyor of Customs and Inspector of Revenue for the Port of New York, must have felt slightly exhilarated when he left his office on the evening of December 30, 1807. He had that day wielded for the first time the two-edged sword placed in his hands by Congress for the destruction of British maritime arrogance. Nay more, he had struck at least seven times, by seizing that number of shipments of British goods which had arrived in two vessels ten days before. In a few days Nathan Sanford, the District Attorney, would file seven separate libels in the Federal District Court on behalf of the United States vs. twenty-two bales of woolen cloth, two cases of hats, eight boxes linen cloth, sixteen boxes of linens, one case of woolen hosiery, two cases of plated ware, and two boxes of woolen hosiery. The goods would doubtless be condemned, for Sanford was a clever lawyer and the district judge was not, like the fellow up in Massachusetts, unfriendly to Jeffersonian policies. Later the United States marshal, Peter Curtenius, would have them sold by auction outside the Tontine Coffee House; the court and marshal's costs—totaling about $120 in each case—would be paid, and the balance, where there was any, would be shared equally between the customs staff and the Treasury. If this process could be repeated often enough, John Bull might soon be willing to come to terms.


1983 ◽  
Vol 15 (1) ◽  
pp. 89-101 ◽  
Author(s):  
Carmen F Guarino ◽  
Steve Townsend

A review of Philadelphia's Ocean Disposal Experience and studies and a review of legislation and implementing regulations pertaining to disposal of sludge at sea in the United States was performed. The experiences under the law of two major municipalities that have employed disposal at sea were studied and compared. Major changes are shown to have taken place in the Federal approach to regulating ocean disposal. Ocean dumping regulations are shown to have produced very different current situations for two major municipalities. The City of Philadelphia, operating under rigid federal policies, successfully ended ocean disposal over a year before the statutory deadline by implementing carefully managed, but costly, land-based sludge disposal alternatives. The City of New York, in contrast, still uses the ocean for sludge disposal and has recently won a ruling in Federal District Court which may allow continued ocean disposal for many years beyond the December 31, 1981 end-date proscribed by the law.


2003 ◽  
Vol 15 (3) ◽  
pp. 98-105 ◽  
Author(s):  
Mark Galliker ◽  
Jan Herman
Keyword(s):  
New York ◽  

Zusammenfassung. Am Beispiel der Repräsentation von Mann und Frau in der Times und in der New York Times wird ein inhaltsanalytisches Verfahren vorgestellt, das sich besonders für die Untersuchung elektronisch gespeicherter Printmedien eignet. Unter Co-Occurrence-Analyse wird die systematische Untersuchung verbaler Kombinationen pro Zähleinheit verstanden. Diskutiert wird das Problem der Auswahl der bei der Auswertung und Darstellung der Ergebnisse berücksichtigten semantischen Einheiten.


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