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viewpoint Courting the Courts by Edwin Ftulntr What does Ralph Nader’s ’'Public Citizen” lobby have in common with The Formaldehyde Institute? Answer- they are both interested in the Consumer Product Safety Commission’s recent decision banning form of formaldehyde foam insultation. and on April i2 they both filed lawsuits asking the federal courts to overturn the decision. I That’s where the similarity ends The Naderites filed their lawsuit in the United States Court of Appeals for the District of Columbia Circuit, and want the CPSC action overruled because they claim CPSC didn't go far enough with its actions. The industry group — which filed on behalf of its members, an insulation installer, and on^/ of the 500,000 people whose homes are insulated with the foam — filed in the United States Court of Appeals for the Fifth Circuit, and wants the ban overturned, claiming the CPSC decision was "not supported by substantial evidence.” I BRING UP THESE LAWSUITS not to argue their

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their cattle and sheep in Wyoming, or use the down river flow to farm," ended up having little part to play in the litigation, as the special-interests conducted their battle of the legal briefs more than half a continent away Federal venue laws, which determine where a case can be tried, were intended for the convenience of the little guy with a big gripe. Instead, they have become a mechanism making things more convenient for law firms and lawyers. Several senators ~ Democrats Dennis DeConcini of Arizona and Edward Zorinsky of Nebraska, and Republicans Alan Simpson of Wyoming and Orrin Hatch of Utah — are proposing modifications in the existing statutes to curtail the current trend. The change would ap-

In a nation of laws, where justice sits is of primary concern

merits, but because they illustrate a growing and complex legal problem known as "venue shopping." What this legalese means.is that when special-interest groups have a complaint about the way the federal government is conducting itself, they shop around for the federal court in which they thipk they will gel the most favorable treatment, and file their lawsuits there. A recent study by the Capital Legal Foundation, a Washington-based public interest law group, shows the practice is especially commonplace in the area of environmental law. And where do the environmental groups take most of their cases? The United States Court of Appeals for the District of Columbia. Senator Paul Laxalt (R-Nevada), in a study published recently by the National Legal Center for the Public Interest, a Washington-based umbrella organization of regional law centers, notes these examples: "A suit to review the Colorado river basis salinity control and water quality plans was brought in the District of Columbia, as was a suit challenging the conditions placed ona water supply facility ... in the eleven eastern states . .. and landmark case to determine the ownership of all waters arising on federal reserved property <n Arizona and Utah ... (and) sn action to establish the water rights of the Pyramid Lake Paiute Tribe of Indians to water from a river in northern Nevada." EACH OF THESE WAS AN IMPORTANT CASE involving decisions about the disposition of land and water fights in certain states, each would have a profound impact on people living in those states, and each was tried hundreds of miles away in the District of Columbia. "The real parties in interest," Senator Laxalt noted, "those who would drink the water in Denver, or graze

pear to be a healthy One. (Feulner Is president of The Heritage Foundation, Washington-based public policy research institute.)

The Corrections System h *

Beech N. Fox

TV as a Disciplinary Tool

Prisoner discipline is without question |H one of the most difficult and controversial issues which must be faced by the ad- ■ ministrator and his staff. Inevitably there ^1 will be some prisoners who won't respond v I to even the most positive of staff attitudes. , VI and who will refuse to cooperate with a M most patient and reasonable officer ■ Obviously a prison system can not P * m operate safely or efficiently without rules ox and regulations. The problem lies in the fact that prisons must enforce adherence to these regulations upon persons who have already demonstrated that they are not law abiding citizens. In the absence of an orderly disciplinary system, serious problems are certain to arise. The lack of such a system can also have a rippling effect on the rest of the prison’s internal operation, most importantly as to safety and security. Officer morale and efficiency can rapidly diminish if they feel a loss of control over the prison population ONE OF A CORRECTIONS OFFICER’S greatest challenges is to develop the ability to deal with the inmate disciplinary matters. To succeed he must be able to recongize the causes of an apparent problem, assess the seriousness of it, and make a judgment as to a solution. He must also be prepared to submit written reports to his superiors — all of this to be carried out in a thoroughly professional manner. It can be most frustrating, as many times a prisoner continues to be hostile no matter how hard the officer tries to be fair and firm. While most prisoners may very well deserve the headaches and frustrations that go along with incarceration, the professional officer must learn to set aside his own frustrations and opinions regarding how today's lenient courts may be affecting his job. It is not within the authority, nor is it a responsibility of a prison staff to^. determine guilt, innocence or punishment. To do so woulcC cause the officer to then become a lawbreaker himself. Ht; is to perform custodial functions. Most minor infractions are handled on a "one-to-one" basis; the serious cases sometimes necessitate the bringing of charges against the prisoner which are processed through normal court procedures.

Prisoner infractions usually result in a loss of privileges. These may include access to the commissary, short term solitary detention, a temporary loss of outdoor exercise periods, and perhaps most effective of all. a loss of television viewingSome of the privileges that may not be used as punishment are the withholding of food, visiting hours, mail or. access to chruch, library, or telephone. Short of the mrmalicharges, there are only a few things available to the staff which can be used as punishment of these persons who are already in jail and usually feel that not much more can be done to them anyway. TilE MOST CONSISTENT!.v' EFFECTIVE disciplinary tool in minor instances is the Use of television as a "lever." Scheduled viewing is a privilege that can be easily withdrawn without notice — the greater the violation. the longer the loss of the privilege. Other than food or the status of their pending charges, access totelevision is the most prized and important item of interest to almost every prisoner. The disciplinary use of television works unbelievably well and for this reason it is widely used in jail systems. It is not:a matter of "coddling" prisoners as some people seem to think. It works so well primarily because it'is the maih link to the outside world • In the Cape May County Correctional Center no taxpayer’s money has ever been spent to purchase or maintain the 19 inch black and white television sets which are allocated one per housing unit. The sets, repairs or replacements are paid for by the inmates through their commissary. The sets operate from an in-house antenna and their use is completely controlled by the staff. If the prisoners damage or destroy the set or equipment, they only ruin property that they paid for themselves. It rarely

happens

At our center, we strive to be fair and impartial as well as firm. We have an administration with a good record. The protection of lives, the necessary security of the prison population and an environment which enables our officers to be efficieilt are our primary objectives. Obviously these goals can best be met when a proper disciplinary system i4 in effect. This continuing series by Cape May County sheriff ^ Beech Fox has been fcondensed due to space limitations

The State We're In A Way to Do Locally WhattheEPA Won’t by David F. Moore When a president appoints an administrator to the U S. Environmental Protection Agency (EPA) with the ap^ parent mandate to make it quit enforcing, we share an enforcement vacuum which Nature certainly should abhor. So it’s.up to us. in various ways and places, to fill the vacuum caused by the wrenching of the ‘P" from EPA Here in New Jersey, with generally better environmen tal laws that those EPA is supposed to enforce, somebody has come up with a wonderful idea. That someone is Assemblyman Martin Herman of Salem County, and he's put his idea into a piece of new legislation. A 1096 The Herman bill is One of those with such sirnplo logic and direct application that one wonders Why didn't I think of that? REALIZING THAT NEW JERSEY'S environmental laws really are good ones, all meant to be enforced by the Department of Environmental Protection. Herman reasoned that DEP can certainly use some extra help now that Reagan has told the states to help themselves So Herman’s bill very sjjnply would make it possible for all of New Jersey's 21 counties and 567 municipafgovern ...the EPA appears to have been told in no uncertain terms to stop enforcing the laws of the land ments to look around their own neighborhoods and begin enforcing the laws w^pbrmally expect DEP to uphold That’s no indictment oTDEP, which certainly can use the

help.

What it really means is that grassroots government. s#> dear to the concept of democracy, would at last be recognized and encouraged to help uphold the state's environmental laws. When I say encouraged. I mean just that. One of the key provisions of A-1096 would have any fines resulting from municipal or county action "accnie to the general revenue fund of the county or municipality prosecuting such violations.” BY CHANGING A WORD HERE and there and by adding a paragraph containing his new concept in environmental law enforcement, Herman's bill would amend the existing law empowering DEP to issue summonses and complaints against violators of environmeh tal laws , It would also amend the Cotfnty Environmental Health Act of 1978, by inserting the words "or certified health agency" where a county health department's duties are outlined That phrase would make any municipal health department eligible to enforce the laws just like DEP. From the legal standpoint, that’s strong stuff, and I suspect there may be some heated arguments, both in and out of the Legislature, before it gets adopted Somehow, it's hard to imagine its not being adopted PERSONS WHO WANT A-1096 to win know what to do: Write your legislators and tell them you favor its passage I’ll be interested in a tally of pro and con letters and cards received by senators and assemblymen. ♦ This concept won't protect as from a lack of enforcement from neighboring states and probably, by itself, won't even save New Jersey. But it's such a classic exam pie of letting the ibcdl level help take carp of all of us that it deserves a boost. As I noted in my opening paragraph, the EPA appears to have been told in no uncertain terms to stop enforcing the laws* of the land. The magazine Science, of the American Association for the Advancement of Science, engaged in a depressing review in its April I6- issue of ways in which EPA is no longer doing its job THE ARTICLE NOTED. FOR EXAMPLE, that the agency has "repeatedly postponed issuing regulations for permits to store, treat or dispose of hazardous waste," and is not actively regulating alternative to landfill burial It has suspended a requirement that industry file a yearly report on groundwater conditions near a waste site, and has defferred and "seriously considered” dropping a rule mandating that compahies dealing with waste carry liability insurance. The General Accounting Office has found EPA's interim program regulating land fills highly deficiept and says hazardous waste facilities may post a threat to public health. It also reported recently that regional EPA offices are doing a minimal, at best, job of enforcing the law EPA recently lifted a restriction on dumping of liquid waste in landfills, but an enraged public forced it to reimpost the ban less than two weeks later The list goes on and on, but it covers numerous ways for New Jersey to fill the enforcement vacuum within it own state borders. David Moor is executive director of IhtrN J Conserve tion Foundation.