7 
favors the public interest. The district court found 
specifically that DNA research was beneficial, that this 
experiment was important, that the experiment poses no 
substantial risk, .and that Mack showed no evidence of 
likely injury to himself or the environment (Findings of 
Fact Nos. 9-12). Mack does not challenge any of those 
findings, including the one that he failed to show 
1 / 
likelihood of injury to himself. 
]_/ With regard to injury to himself, as well as likelihood 
of success on the merits. Mack has also totally failed 
to allege standing, a jurisdictional matter not reached by 
the district court. Mack's only allegation of harm is that 
he lives six miles from Fort Detrick and might be injured 
by release of a dangerous microbe. That is only a general 
allegation of harm, common to the entire population of the 
world (spread of disease knows no boundaries, and six miles is 
no less a barrier than 1,000 miles). Mack has no standing to 
bring this suit. Metcalf v. National Petroleum Council, 
U.S.App.D.C. , 553 F . 2d 176, 186-187 (1 97 7). In Metcalf , 
plaintiffs alleged that the actions of the National Petroleum 
Council would cause them to pay higher prices, deny them the 
lower costs and benefits of alternate energy sources, do 
general environmental damage, and threaten to pollute, via 
oil spills, certain specific waterfront lands owned or used 
by plaintiffs. The court of appeals found no standing, both 
because the feared injuries were speculative, and because 
they were not sufficiently individualized: 
It could be argued that an oil 
spillage is inevitable in areas where 
the appellants might live on vacation; 
still, any personal injury which such 
an occurrence may inflict on appellants 
is speculative and remote, not real and 
immediate. The mere occurrence of the 
type of environmental dangers and risks 
which concern appellants does not 
necessarily mean that appellants will 
suffer a particularized, injurious 
impact as a result. 
***** 
footnote cont'd on next page 
[Appendix C — 29] 
