3 
chemicals are not present, the EK2 is designed to self- 
destruct. 
9 . Recombinant DNA research has already become 
a valuable aid in progress against illness. Benefits include 
applied medical advances and an accelerated understanding 
of the genetic and biochemical basis of the disease process. 
10. The experiment is designed to provide 
important knowledge concerning recombinant DNA technology. 
11. The experiment poses no substantial risk to 
human health or to the environment because (1) there is 
little likelihood the materials will escape from the maximum 
containment of the P4 facility; (2) if such an escape did 
occur, the recombinant DNA molecules would not survive but 
would self destruct outside the laboratory environment; and 
(3) the particular virus being used has never been implicated 
in human disease. 
12. Plaintiff has offered no evidence to show 
that he will suffer irreparable injury or that there is any 
significant possibility that the experiment will have an 
adverse impact on the environment. 
CONCLUSIONS OF LAW 
1. Plaintiff has not shown that he would be 
irreparably injured unless a preliminary injunction is 
granted. 
2. Plaintiff has not sustained the burdens imposed 
upon him by Virginia Petroleum Jobbers Association v. FPC 
[Appendix C — 5] 
