ELR Citation: ELR 20387
No(s). 87-3393 (D.D.C. Oct 4, 1989)

The court holds that the National Institute of Health (NIH) is not required to file a supplementary environmental impact statement (EIS) for its revised guidelines for DNA research because new developments have not increased the environmental risks beyond those addressed by the old EIS. The standard of review applied by courts is the deferential "arbitrary and capricious" test, which allows reversal of an agency decision only if the decision is unreasonable in light of the scientific evidence. NIH is not required to file a supplementary EIS where new oncogenic cloning experiments do not pose a serious additional threat beyond that addressed by a previous Environmental Assessment, where HIV cloning does not put humans at serious additional risk, and where the mice used in the transgenic experimentation were well-contained.

Counsel for Plaintiffs
Edward L. Rogers
1718 P St. NW, Washington DC 20036
(202) 387-1600

Counsel for Defendants
Mark Pollot, Pauline M. Milius
Land and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 272-8228