2 
In order to answer those questions, this Court, 
as the district court, will have to examine what is at 
stake here. 
This cas-e is alleged to be a NEPA-based attack 
upon a single experiment to be performed at Fort Detrick, 
Maryland. That experiment, however, is designed to develop 
information which will fcve used to reassess the federal 
government's basic guidelines, published by the National 
Institute of Health (NIH), on recombinant DNA research. 
Delay in this experiment will delay possible changes in 
guidelines affecting all recombinant DNA research. (Affidavit 
of John E. Nutter, copy attached as Appendix A to this 
opposition.) At stake here is time. The Appellant (Mack) 
has already delayed this important experiment an additional 
thirty days by submitting his original evidentiary affidavits 
with reference to the wrong strains of E. Co 1 i bacteria, 
ones other than that strain described for use in the 
experiment, and then obtaining an extension of time to get 
affidavits with respect to the correct bacteria (Mack's 
supplementary affidavits; District Court's Opinion p. 5. 
The Opinion, Findings of Fact, and Conclusions of Law of the 
District Court are attached as Appendix B to this opposition). 
The public interest is in speedy reassessment of 
these fundamental NIH guidelines. The injury in delay is that 
[Appendix C — 24] 
