2 
Judgments), 28 U.S.C. §1361 (Mandamus), 42 U.S.C. §4331-4347 
(NEPA) and 38 Federal Regulations 10859 (Guidelines For Preparatim 
of Environmental Impact Statements, Council on Environmental 
Quality, May, 1973). 
2. There is located within Frederick County, 
Maryland, approximately 6 miles from the residence of plaintiff, 
a federal reservation known as Ft. Detrick. By virtue of the 
proximity of Ft. Detriclc to plaintiff's residence, the food and 
water which he consumes, the air he breathes, and the area in 
which he plays and lives are subject to contamination by activities 
carried on at Ft. Detrick. 
3. Defendant Califano, as Secretary of the United 
States Department of Health, Education and Welfare, is charged 
with the administration of that agency, and is the ultimate 
superior of defendants Frederickson and Nutter. Defendant 
Frederickson is the Director of the National Institutes of 
Health, and the superior of defendant Nutter. Defendant Nutter 
has been assigned by Frederickson the job of NIH Project Manager 
for the establishment of "P-4" research facilities at Ft. Detrick, 
where, Nutter has stated, biohazard assessment experiments in 
Recombinant DNA Research will commence beginning about June 1, 
1977. 
4. In about 1973, a scientific technique was 
developed which enabled scientists to propagate novel living 
organisms by combining the hereditary substance, DNA from 
unrelated organisms. This technique has been variously termed 
recombinant DNA research, gene splicing, gene stitching, 
molecular cloning, and genetic manipulation, among others. 
5. DNA, or deoxyribonuleic acid, is the chemical 
substance which makes up the genes and chromosomes of living 
organisms. It contains the code or set of instructions which 
guides the development, maintenance and reproduction of organisms 
and determines their form. 
6. With the use of enzymes called restriction 
enzymes, or endonucleases, it is possible to cleave the DNA of 
one organism and splice in a portion of the DNA of a second 
[Appendix C — 36] 
