14 
As Dr. Nutter and the EIS both note, the NIH Guide- 
lines were intentionally written in a conservative manner and 
thus may be overly cautious. This experiment is designed 
to test whether some of the fears expressed about possibilities 
of risks from recombinant DNA research are in fact scientifically 
possible. Yet, this risk assessment experiment itself poses 
no threat because the particular virus has never been implicated 
in human disease, because it is widely found in nature and 
because, in any event, it is being handled in maximum physical 
and biological containment. 
Significantly, important information about the 
possibilities of recombinant DNA technology will be delayed 
should plaintiff's motion for a preliminary injunction be 
granted. As Dr. Nutter notes, this knowledge is important 
in determing whether the NIH Guidelines need revision. Delay 
in gaining this knowledge could delay significant changes in 
the Guidelines that - may scientifically prove to be desirable. 
Accordingly, since the experiment poses virtually 
no risk to man or the environment and since delay in 
conducting this important experiment deprives NIH and the 
scientific community of important knowledge concerning the 
possible risks of recombinant DNA technology, the public in- 
terest and equities clearly favor a denial of plaintiff's 
motion. 
Conclusion 
For the foregoing reasons, plaintiff has failed 
to satisfy the standards necessary for the issuance of 
preliminary injunctive relief. Accordingly, defendants 
[Appendix C — 122] 
