- 2 - 
FERDINAND J. MACK 
ATTORNEY AT LAW 
SUITE loe 
OLD TOWN CENTER 
17 WEST JEFFERSON ST. 
ROCKVILLE, MARYLAND 
SOS BO 
3. On November 30, 1977, defendants served upon plaintiff 
a "Notice of Filing" indicating that the defendants had filed with the 
Court a "Final Environmental Impact Statement in this matter." In that 
"Notice of Filing" the defendants requested that the stay — the subject 
matter of the stipulation of July 18, 1977, "now be vacated by the Court 
at its convenience." 
4. Having entered into the stipulation, and sought and obtained 
Court approval of the same, tne defendants cannot unilaterally withdraw 
from that stipulation, and even if plaintiff were to consent, which he 
does not, would still require Court approval of release from the 
stipulation. The stay should not be vacated for the following reasons: 
(a) The "Environmental Impact Statement in this matter" which 
defendants advert to relates only to "the release of the NIH Guidelines 
for Research Involving Recombinant DNA Molecules." (EIS pg. iii) 
That (EIS) does not address the subject matter of this action, namely 
the risk assessment studies, referred to above. The only reference 
in the EIS to the subject matter of this action, is at page 101 of Volume I, 
of the EIS, as follows: 
"Virologists of the National Institute of 
Allergy and Infectious Diseases are preparing 
to conduct experiments at the Frederick Cancer 
Research Center, Frederick, Maryland, which 
should provide data to help determine if 
recombinant DNA research could result in 
real hazards. " 
(b) It is precisely these experiments — designed to "determine if 
recombinant DNA research could result in real hazards" which this 
action seeks to enjoin. However, this experiment is not the subject 
matter of this or any other environmental impact statement. 
SOI 270-2230 
(Appendix C — 98] 
