6 
following reasons: 
A. The National Cancer Institute (a Division of 
HEW) has established Safety Standards for Research Involving 
Recombinant DNA, which classify as "moderate risk" the follow- 
ing experiments: 
A genetic recombinant between 
an animal oncogenic virus and 
microorganism infectious for 
man shall be considered 
moderate risk until its 
potential for man is 
determined. 
B. Polyoma is an oncogenic (cancer causing) 
virus of mice (an animal), and in the protocol under attack, 
will be genetically be combined with E. coli : (a micro- 
organism infectious for man) , and thus is by the applicable 
safety standards of HEW, a "moderate risk" experiment. 
C. Defendants' "guidelines" for the carrying out 
of recombinant DNA experiments provide: 
A. Experiments that are not 
to be performed. We recognize 
that it can be argued that certain 
of the recombinants placed in 
this category could be adequately 
contained at this time. Nonethe- 
less, our estimates of the possible 
dangers that may ensue if that 
containment fails are such 
magnitude that we consider it 
the wisest policy to at least 
defer experiments on these 
recombinant DNAs until there 
is more information to accurately 
assess that danger and to allow 
the construction of more effect- 
ive biological barriers. In 
this respect, these guidelines 
[Appendix C — 50] 
