Tab C - Page 28 
against the notion that the NIH is required to prepare 
such a programmatic EIS, even though most of those 
arguments would be equally applicable to containment 
experiments, the guildelines for which prompted NIH to 
prepare an EIS. For the reasons stated in our 
appellate brief, which arguments we incorporate by this 
reference, and as indicated by the court of appeals 
opinion on the question, there are a number of factors 
suggesting that a programmatic EIS is required. 
The public will not be adequately informed of the 
issues involved on the questions on whether a 
programmatic EIS is necessary unless there is at least 
a reasonable good faith attempt to set forth both sides 
of the issue in a public notice on the question. 
Accordingly, we request NIH to vacate the notice and 
issue an adequate one. 
The environmental assessment on the application 
for the University of California experiment is 
inadequate. It contains many of the same shortcomings 
that were part of the NIH's approach to the issue in 
court. Again there was not an adequately 
interdisciplinary review of the experiment. Insofar as 
we have been able to determine, the scientists listed 
as consultants have not made direct research 
contributions in the discipline of ecology of micro- 
organisms. Dr. Kelman, the one scientist whose 
expertise borders on this area, has made his 
contributions primarily in the area of physiology of 
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