things 
A. failed to publish general notice of proposed 
rule making in the Federal Register as required by sub- 
section (b) of section 4 of the APA; 
B. failed to comply with subsection (c) of section 4 
of the APA by not providing an opportunity for comment on 
the rulemaking proceeding after giving proper notice that 
a rule making proceeding was indeed in progress; 
C. failed to hold public hearings on the proposed 
guidelines or on controversial factual issues concerning 
the proposed guidelines, matters of the higher public 
importance and of enormous impact, and over which there 
has been much controversy; 
D. failed to comply with subsection (d) of section 4 
of the APA, by not publishing the Recombinant DNA Research 
Guidelines at least 30 days before their effective date. 
80. The promulgation of the said Guidelines by defendants 
in disregard of the procedural requirements of the APA is 
ultra vires and illegal. 
81. The failure of defendants to comply with the procedural 
requirements of the APA render the said Guidelines invalid and 
without force or effect. 
82. Despite the illegality of defendants' actions in 
promulgating the Recombinant DNA Research Guidelines and the 
resulting invalidity of the Guidelines, defendants have implemen- 
ted and continue to apply said Guidelines as though they had full 
force and effect. 
83. The illegal actions of defendants in failing to comply 
with the requirements of the APA adversely affects the rights 
and interests of the plaintiff. 
84. The plaintiff is without adequate remedy at law. 
30 
[B-32] 
