FILED 
FEB 2 3 1.170 
JAMES T F. DAVEY, Clerk 
UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 
FERDINAND J . MACK , JR . , ) 
) 
Plaintiff ) 
) 
v ) 
) 
JOSEPH A. CALIFANO, JR., et al., ) 
) 
Defendants ) 
Civ il- AgtiflBg 
No. 77-916 
FINDINGS OF FACT 
1. Plaintiff's complaint, motion for temporary 
restraining order and preliminary injunction were filed on 
May 31, 1977. 
2. On July 18, 1977 a stipulation was approved 
by the Court providing that all matters would be stayed 
pending the finalization of an Environmental Impact Statement 
(EIS) , that defendants would give plaintiff thirty days 
notice before proceeding with the experiment, and that no 
such experiment would be conducted prior to the finalization 
of an EIS. 
3. The' National Institutes of Health (NIH) guide- 
lines and final EIS were the result of a lengthy administra- 
tive process. The scientific community had operated for 
several years under voluntary restraints limiting the kinds 
of recombinant DNA research that could be undertaken. 
4. A public meeting was held by NIH on February 9th 
and 10th, 1976 which was announced to the public in the 
Federal Register. Thereafter NIH published the "decision 
of the Director, NIH" and NIH guidelines on recombinant DNA 
research on July 7, 1976. At that time NIH announced that 
it was preparing a draft environmental impact statement. 
41 Fed. Reg. 27902 (1976). On September 9, 1976 the draft 
EIS was published in its entirety in the Federal Register. 
[Appendix C — 3] 
