Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: SATURDAY, March 9, 1991                   TAG: 9103090437
SECTION: VIRGINIA                    PAGE: A5   EDITION: STATE 
SOURCE: Associated Press
DATELINE: RICHMOND                                LENGTH: Medium

DIOXIN ACTION ENCOURAGES ENVIRONMENTALISTS

Richmond Circuit Judge Theodore Markow rejected the environmentalists' attempt to block a state Water Control Board permit regulating the amount of dioxin a Covington paper mill can discharge into the Jackson River.

But Markow indicated Thursday that the Environmental Defense Fund and three landowners who live down river could ultimately win their request for a new hearing to push for stricter dioxin standards.

"Basically, we're pleased," said David Bailey, Virginia director of the Environmental Defense Fund. "We lost the battle, but we won the war."

The center of debate is a new standard that sets a state dioxin discharge limit of 1.2 parts per quadrillion, which is about 100 times weaker than the U.S. Environmental Protection Agency's recommended standard adopted by most states. The EPA, however, recently approved the Virginia standard.

Dioxin, a byproduct of paper manufacturing, has been linked to cancer. State authorities have warned against eating fish caught from some rivers where dioxin has been discharged.

After the state adopted its standard, Westvaco Corp. applied for a new discharge permit for its Covington plant.

The defense fund, along with landowners Juan Ramirez, Dr. Benjamin Rice and Joseph Lawler, asked Markow to block implementation of the standard, alleging the dioxin would do irreparable harm to the river.

But representatives for the board and Westvaco argued that without the standard, there would be no limits to the amount of dioxin discharged.

Markow agreed. "The court will not enter an order which would result in greater harm to the environment," he wrote.