3 
only the federal DNA research program will be delayed. 
Other DNA research programs will continue, pulling ahead 
of ours.(EIS pp. 65-67. Four copies of the EIS are being 
filed with this opposition.) Moreover, our influence with 
respect to those programs will be lessened. DNA research 
is an area where guidelines of respectable scientific 
bodies are examined by one another and given important 
weight (EIS pp. 15-22). NIH's guidelines were important 
to researchers not obliged by federal law to follow them. 
It can plainly be seen that Mack fails the 
third and fourth tests of Washington Metropolitan Area, 
Etc . v. Holiday Tours , supra . We turn next to whether Mack 
presents a serious case on the merits. 
The experiment at issue involves DNA from 
Polyoma, a virus which can cause tumors in new born mice 
under laboratory conditions (no tumors have been found in 
wild mice, though the virus is common in nature ) (Appendi x A). 
Polyoma DNA material is to be combined with DNA material 
from a specially weakened form of E. Coli K-12, a laboratory 
developed strain of bacteria which cannot live in nature 
because of its dependence on chemicals found only in the 
laboratory (Slip Op. p. 3, Findings of Fact p. 2). Use of 
these specific organisms, extremely unlikely to harm any 
creature even if the resultant cells should escape from the 
laboratory, is a form of biological containment (EIS p. 55). 
[Appendix C — 25] 
