VII. AS AND FOR PLAINTIFF'S FIFTH CLAIM 
85 . Plaintiff repeats and realleges each and every 
allegation set forth in Paragraphs 1 through 40 and 55 through 
84 with the sane effect as though herein fully set forth and 
repeated . 
86. The action of the defendants in developing and promul- 
gating the Recombinant DMA Research Guidelines is arbitrary, 
capricious, an abuse of discretion, contrary to the provisions of 
the APA and NEPA, and otherwise not in accordance with law in 
that, among other things: 
A. The Guidelines are based on unsupported assumption 
and lack a basis in experimental evidence, scientific data, 
or an assessment of hazards and risks to health and the 
environment ; 
B. The Guidelines permit the use of E. coli as a 
host organism without having adequately determined the 
absence of danger in its use in recombinant DMA research; 
C. The phylogenetic basis of assigning risk in the 
Guidelines is an unexplained assumption and fails to take 
into account the hazards to plants and animals. 
D. There is no basis to conclude that the hypo- 
thetical results to be gained from recombinant DMA research 
outweigh the risks in performing this research. 
87 . Plaintiff has no adequate remedy at law. 
31 
[B-33] 
