(1) 28 U.S.C. §51331 (Fcdci'ol question); 1332 
(Diversity of Citizenship) ; 1343 (Civil 
Rights); 1361 (Mandamus ) ; 2201 and 2202 
(Declaratory Judgments); 
(2) 42 U.S.C. 004331-4347 (NEPA); 
(3) 5 U.S.C. 55551-553 and 701-706 (APA); 
(4) 5 U.S.C. App. I §5 (FACA); 
(5) 42 U.S.C. SS216, 217a, 218, 241, 2421, and 
242m (Public Health Service Act); 
(6) Executive Order 11514, 35 Fed. Reg. 4247 
(March 5, 1970); 
(7) 38 Fed. Reg. 10859 (Guidelines for Prepara- 
tion of Environmental Impact Statements, 
Council on Environmental Quality, May, 1973); 
(8) Part 30, General Administration Manual, 
Department of Health, Education, and Welfare, 
November 17, 1973 (Environmental Affairs); 
(9) 42 C.F.R. Parts 50 and 52, Regulations of the 
Public Health Service, Department of Health, 
Education, and Welfare (Grants); 
(10) 45 C.F.R. Part 74, Regulations of the 
Department of Health, Education, and 
Welfare (Grants). 
B. The amount in controversy herein exceeds $10,000, 
exclusive of interest and costs. 
C. Venue is in the United States District Court 
for the Southern District of New York pursuant to 28 U.S.C. 
61391(e) . 
II . PARTIES 
3. Plaintiff, Friends of the Earth, Inc., is a not-for- 
profit membership corporation organized and operated under the 
laws of the State of New York. Its objects and purposes include 
the preservation, restoration and rational use of the ecosphcre 
and human environment. Friends of the Earth, with worldwide 
affiliates, has more than 23,000 members nationally, including 
many members residing close to facilities whore recombinant 
DNA research is being performed under grants from the National 
Institues oi health (NIil). In .mdition Friends of the Earth has 
almost 1500 members residing in the Boroughs of Manhattan and 
the Bronx of tho City of New York, where recombinant DNA research 
3 
[B-5] 
