- 4 - 
FERDINAND J. MACK 
ATTORNEY AT LAW 
BiriTK 109 
OIJJ TOWN CENTER 
17 WENT iEFTEKHON BT. 
ROCKVILLE MARYLAND 
ROMO 
is able to make a preliminary determination 
of the impact on the environment. EPA has 
requested that the originator provide the 
information that was not concluded in the draft 
statement. " (Appendix K-165 to Environmental 
Impact Statement) 
4. Subsequent to dictating the foregoing, counsel for plaintiff 
ascertained from the Court reporter that the representations to the Court 
by the intervenor's attorney on January 13, 1978, were as follows: 
Mr., Althen: In Europe this precise experiment has 
already been run. This experiment has 
already been conducted in Europe. 
The Court: With what consequences in Europe? 
Mr. Althen: With no adverse consequences and that 
was a short time ago in Europe. And we 
recognize the plaintiff cites long-term 
consequences but there have been no 
escapes, no injury from that European 
experiment and European studies are now 
proceeding . 
Inquiry by counsel for plaintiff of Mr. Althen in the hall 
following the hearing, revealed that the foregoing representations are 
not accurate. Mr. Althen advised counsel for plaintiff that he had not 
heard one wav or another as to whether there had or had not been any 
adverse consequences from those European experiments. While perhaps 
not intentional, the significance of the mis-representations to this 
Court is such that the record must be corrected before the Court makes 
a decision in this matter. 
The issues in this case are sufficiently important that 
the Court should defer its decision for 30 days. 
Respectfully submitted 
Ferdinand J. Mack 
17 West Jefferson Street, Suite 106 
Rockville, Maryland 20850 
Attorney for Plaintiff 
301 87lt-SK30 
[Appendix C — 172] 
