- 2 - 
as we demonstrate below, the experiment to be conducted at 
Fort Detrick poses no significant threat to him or to the 
environment. Moreover, plaintiff is totally unable to demon- 
strate any likelihood that he will prevail on the merits 
because defendants have complied fully with the requirements 
of NEPA. To the contrary, a preliminary injunction halting 
this important experiment will deprive the public and the 
scientific community of important and much-needed information. 
Plaintiff will not prevail on the merits. On 
November 28, 1977, the Council on Environmental Quality pub- 
lished a notice in the Federal Register of the availablity 
of the Environmental Impact Statement on NIH Guidelines for 
Research Involving Recombinant DNA Molecules (hereinafter 
"EIS") , submitted to it by the National Institutes of Health 
(NIH) , United States Department of Health, Education and 
Welfare (HEW). 42 Fed. Reg. 60588. This EIS complies fully 
with all requirements of NEPA. Moreover, the EIS constitutes 
a broad program statement which is acceptable under 40 C.F.R. 
§ 1500 . 6 (d) (1) , and there is absolutely no need for the prepara- 
tion of a separate environmental impact statement for each 
• 2 / 
and every recombinant DNA experiment which is conducted. 
Finally, it is apparent that plaintiff misunderstands the 
materials to be used in the experiment to be conducted at 
Fort Detrick. These materials are far safer than the ones 
plaintiff describes in his complaint. 
Statement 
The preparation of the NIH Guidelines and accompanying 
environmental impact statement reflects the especially cautious 
2/ While the EIS primarily assesses the impact of the NIH Guide 
lines regarding recombinant DNA research, it also assesses 
the impact of experiments conducted under the Guidelines. (See 
especially, EIS at 99-112). The experiment at issue in this cas 
will be conducted in full accordance with the NIH Guidelines. 
[Appendix C — 110] 
