tificd- environmental amenities and values may be given 
appropriate consideration in decisionmaking along with 
economic and technical considerations; 
F. Failed to recognize the worldwide and long-range 
character of environmental problems associated with recom- 
binant DMA research; 
G. Failed to initiate and utilize ecological infor- 
mation in the planning and development of the recombinant 
DNA research program, the Recombinant DMA Research Guide- 
lines, and each recombinant DMA research project; 
H. Acted arbitrarily and capriciously and in violation 
of Sections 2, 101 and 102 of NEPA by not assessing the 
recombinant DNA research program and the Recombinant DMA 
Research Guidelines in comparison with the alternatives to 
that program and the Guidelines, and, on the basis of that 
assessment, adopting that, course which most conforms v.dth 
NEPA's objectives; 
I. Failed to bring the authority and policies of the 
NIH into conformity with the intent, purposes, and 
procedures set forth in NEPA, the CEQ Guidelines, and the 
DHEU GAII, as required by Section 103 of NEPA, Executive 
Order 1151A and the CEQ Guidelines. 
36. Despite the illegality of defendants' actions 
described above, defendants have: 
A. Continued to permit NIH grantees and personnel to 
engage in recombinant DNA research; 
B. Implemented and applied the Recombinant DNA 
Research Guidelines; 
C. Let contracts to Harvard University, the University 
of Michigan, and the Albert Einstein Medical Center of 
Ycshiva University, among other places, for the purpose of 
constructing and/or renovating laboratories for the 
17 
[B-19] 
