2 
Fort Detrick after such finalization. In accordance with the 
stipulation, defendants advised plaintiff that an Environ- 
mental Impact Statement (EIS) became final on November 28, 
1977 when the Council on Environmental Quality published 
notice of its receipt in the Federal Register. Plaintiff 
contends that the statement does not comply with the require- 
ments of the National Environmental Policy Act (NEPA) , 
42 U.S.C. 4322(a)c and other statutes. 
A motion of the American Society for Microbiology 
for leave to file a brief as Amicus Curiae with respect to 
the public health consequences of the proposed research Was 
granted. Counsel for the Society participated in oral argu- 
ment and submitted a brief. Dr. Naum S. Bers , Rockville, 
Maryland, appeared individually as a concerned citizen and 
was granted permission to file a statement. 
Plaintiff asserts that defendants are planning to 
conduct experiments with polyoma, a virus known to cause 
cancer in mice. He states that the nature of the organisms 
to be created by the research is such that even a miniscule 
quantity, if released, in the environment would represent a 
threat to life and health. He further contends that the 
Fort Detrick experiments are to be conducted by defendants 
without determining the applicability of NEPA and according 
to the very guidelines of the Department of Health, Education, 
and Welfare (HEW) classified as "prohibited". 
Defendants on the other hand take the position that the 
EIS and NIH (National Institutes of Health) guidelines reflect 
the cautious manner in which the scientific community and NIH 
have considered the new technology involving recombinant DNA 
molecules. They further state that the final EIS was complet- 
ed after extensive public comment and discussion of alter- 
natives. Much of plaintiff's concern, they state, is based 
[Appendix C — 8] 
