5 
agencies have complied with NEPA. 
The only role for a court is to 
insure that the agency has taken 
a 'hard look' at environmental 
consequences; it cannot 'interject 
itself within the area of discretion 
of the executive as to the choice of 
the action to be taken'. Kleppe v. 
Sierra Club , 427 U.S. 390, 410 n. 21 
(1976) citing Natural Resources Defense 
Council v. Morton, 458 F.2d 827, 838, 
148 U.S. App. D.C. 5, 16 (1972). 
The EIS does represent a "hard look" by NIH at recombinant 
DNA research performed in accordance with its guidelines. It 
appears that compliance with the NIH guidelines will insure 
that no recombinant DNA molecules will escape from the care- 
fully controlled laboratory to the environment. 
Plaintiff requested an extension of time to furnish 
additional evidence. He submitted supplemental affidavits 
from four of his previous affiants which reaffirmed their 
previously expressed opinions. None of the affidavits 
established that the experiment is likely to cause harm to 
human health or to the environment. The Recombinant DNA 
Research Guidelines represent an effort by many scientists 
to evaluate the hazards and provide safe methods for their 
control. The record reflects that NIH has carefully con- 
sidered the potential risks of this experiment under the 
guidelines and has taken the necessary precautions. 
The experiment is designed to provide important 
and needed information on the possibilities of recombinant 
DNA technology. Important -scientific information relative 
to the possibilities of this technology would be delayed if 
a preliminary injunction were granted. 
Accordingly, plaintiff's motion for a preliminary 
injunction is denied. Defendants' motion to vacate stay 
is granted. 
Dated: February -2-3 , 1978 
[Appendix C — 11] 
