... of environmental concern
By Catherine Siegner
New water samples taken
from Alder Creek, a small tributary
of Fall Creek in the Lowell Ranger
District of the Willamette National
Forest showed measurable traces
of 2,4,5-T following aerial her
bicide spraying on April 29.
Previous samples taken from
within the spray area, but not from
the same site, were reported by
the Forest Service in May as
showing no herbicide contamina
tion.
The samples were analyzed as
part of an extensive water monitor
ing system after 178 acres were
treated to control brush growing
over stands of young fir trees. An
independent, private water
analysis firm in Eugene, the
Oregon State Department of Ag
riculture Laboratory Services in
Salem, and the Environmental
Protection Agency laboratory in
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ATTENTION
TEACHERS AND
PROSPECTIVE TEACHERS
If you need the University of Oregon’s
recommendation for an Oregon teaching
certificate based on Summer 1978 and/or
prior academic work, please pick up the
application packets now — Office of
Teacher Certification. Room 102 —
College of Education
Denver all examined the samples
for traces of contamination.
Results showed traces of 2,4,5-T
from one part per billion (ppb) to
4.4 ppb. Safe Drinking Water
standards of the 1975 Clean
Water Act recommend limits of 10
ppb for 2,4,5-T.
A check of the area discovered
two small feeder streams that
were not visible from the air, and
were apparently inadvertently
treated with the herbicide.
“We don’t see a threat to human
health in this application, how
ever," said John Alcock, Wil
lamette National Forest Super
visor. “Based upon U.S. Geologi
cal Survey stream flow measure
ment, any water reaching Fall
Creek would be so diluted as to
have no detectable traces of the
herbicide.”
Researchers at Oregon State
University will be looking into the
feasibility and long term effect of
non-annual grass seed field burn
ing with a $75,000 Department of
Environmental Quality (DEQ)
grant.
The project, which will be
conducted by David Chilcote,
OSU crop physiologist, Harold
Youngberg, OSU agronomist, and
two U.S. Department of Agricul
ture specialists, will also assess
the effects of "crew cutting,” or
mechanically removing stubble
and residue from harvested fields.
“With crew cutting, we try to
mechanically simulate removal of
the straw and chaff as if it were
burned,” said Chilcote. “It looks
very promising on test plots near
Corvallis but we need to test it in
commercial operations.
The non-burning procedure will
be assessed on fields of annual
ryegrass which make up nearly
half the grass seed grown in the
Willamette Valley.
“If you utilize all possible meth
ods — smoke management, al
ternate year burning, herbicide
weed cotrol, crew cutting and any
others — you may have the foun
dation for a solution or at least an
easing of the problem — maybe,”
Chilcote said.
The U.S. Department of
Energy (DOE) recently con
ducted a radiation survey of areas
within the Albany Metallurgy Re
search Center. The Center is a
facility of the U.S. Department of
the Interior's Bureau of Mines.
Some areas of the center were
used in the late 40s and early 50s
for uranium and thorium research
done by the Bureau under con
tract to the former U.S. Atmoic
Energy Commission (now the
U.S. DOE).
A preliminary DOE survey con
ducted in January, 1978, detected
low levels of radioactivity in sev
eral locations at the center. The
follow-up survey was done to de
termine whether any corrective
measures are needed. The center
now uses only a small amount of
radioactive material in its research
work, according to the DOE.
The Albany facility is one of
several sites used in early atomic
energy research and develop
ment work and is now being sur
veyed by the DOE to document
radiological conditions.
Results of the Albany survey
will be made available to and dis
cussed with the Bureau of Mines
and state and local health officials.
The Coos-Curry Electric
Cooperative of Coquille, Oregon,
has requested a permit from the
Federal Energy Regulatory
Commission to study an Illinois
River hydroelectric power project
in Curry and Josephine counties.
The proposed project would in
clude a concrete arch storage
dam 590 feet high and 1,880 feet
long, a 24-mile long reservoir with
a surface area of 5,600 acres, and
an indoor powerhouse containing
two generating units with a total
capacity of 200 megawatts.
A preliminary permit, if granted,
does not authorize construction.
Petitions to intervene in the matter
are due August 28, and should be
addressed to the Department of
Energy, Federal Energy Regulat
ory Commission, Washington,
D C. 20426.
Judge axes ‘choice of evils’
By CATHERINE SIEGNER
Of the Emerald
The ninety protestors arrested
last November 25 for trespassing
at the Trojan Nuclear Power Plant
were found guilty of the charge
June 29 by unanimous vote of a
Columbia County jury.
The defendants had attempted
a “choice of evils” defense, claim
ing that violation of a law (in this
case trespassing on Portland
General Electric property) occur
red in order to prevent a greater
transgression — operation of the
plant.
Judge James Gilliland read 300
pages of testimony from the de
fendants and expert witnesses
during an omnibus hearing prior to
the trial, but ruled to disallow both
the testimony and the choice of
evils defense and to try those ar
rested solely on the trespassing
charge.
Last December, 96 persons
were acquitted of trespassing on
Trojan property. At the trial, also
held in Columbia County, the
choice of evils defense was al
lowed to be presented to the jury,
and several experts, including Dr.
Rosalie Bertell and Dr. John Gof
man, were allowed to present tes
timony.
Judge Gilliland, however, re
fused to hear testimony that was
not strictly relevant to the trespas
sing charge, and ordered bailiffs
to escort the jury out of the room at
one point when a defendant
began making anti-nuclear state
ments, according to defendant
and Trojan Decommissioning Al
liance member Skeeter Duke.
“The judge considered our evi
dence as a way of making it look
like we had a fair chance,” Duke
says. “They (the prosecution)
never wanted to allow the lesser of
evils defense, but they maintained
a facade so it looked good.”
Witnesses for the prosecution
included two policeman, Plant
Superintendent Bart Withers, and
an undercover policeman who
posed as a protestor during the
demonstration.
Prosecutor Martin Sells ad
dressed the 17 defendants who tes
Emerak) Graphic
tified with these questions: “Did
you care whether or not you were
trespassing?” and “Didn't you see
the No Trespassing signs?”
The defendants stated they
were in service of a higher moral
law, and that they were interested
in preventing the imminent danger
to the public that Trojan repre
sents.
The jury deliberated six hours
before reaching the verdict. Sen
tencing will occur later when the
judge is available, and when all 90
of those convicted can be rounded
up.
“I think there were two people
on the jury who were on our side,”
says defendant Ellyn Henderson.
“First they were 4-2, then 5-1,
then it was unanimous. It has to be
unanimous in a criminal trial, or
else we would have had a hunq
jury."
“I hope we can all be there at
the sentencing," Henderson
adds. “You can say anything you
want to at sentencing.”
Sentences could run from 30
days in jail, $250 fines, and five
years probation, to suspended
sentences, smaller fines, and one
to five years probation.
Undaunted, TDA plans to oc
cupy the Trojan Plant again Au
gust 6-9, and commit nonviolent
civil disobedience in the hope of
shutting down the facility perma
nently.
Those previously convicted of
trespassing run the risk of being
charged with contempt of court if
arrested again at the plant, but
they intend to be at the site to pro
vide support, according to Hen
derson.
“The guilty verdict is another
alarming indication of how limited
the public access is to the facts
about nuclear power,” reads a re
cent TDA press release. “Now
more than ever we feel the impor
tance of educating the public
through our nonviolent direct ac
tion campaign to stop nuclear
power in Oregon.”
Those going to the plant site
must have at least one session of
nonviolence training. Workshops
will be held on Wednesdays and
Saturdays at Harris Hall beginning
July 12.
TDA invites concerned citizens
to support the effort. Call the TDA
office at 687-2557 for more infor
mation, or stop in at 348 W. Lin
coln.
“Nobody is watching out for
citizens,” Skeeter Duke says.
“The government regulates, and
people try to intervene in matters
that affect them, but the nukes are
marching on. They have abdi
cated it, but people do have
power.”