Judge orders new review of BU biolab
Alternative sites must be weighed
By Stephen Smith, Globe Staff | August 4, 2006
A state judge has ordered further environmental review of a Boston University high-security laboratory where scientists will work with the world's deadliest germs, a decision that marks a potentially important victory for opponents of the controversial facility.
Boston.com
Sign up for: Globe Headlines e-mail | Breaking News Alerts In a ruling made public yesterday, Suffolk Superior Court Judge Ralph D. Gants found that earlier assessments of the environmental impacts of the South End lab failed to adequately consider alternative sites or weigh worst-case scenarios for release of viruses or bacteria. Gants said the decision by the state Executive Office of Environmental Affairs to approve the lab ``was arbitrary and capricious" and ``lacked the necessary rational basis."
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The review, written by BU and approved by the state, was insufficient, Gants said. His ruling said the environmental report did not consider whether the lab could be built in a less congested area -- such as a suburban or rural community -- rather than the bustling urban neighborhood where BU's medical school is located. State environmental regulations mandate that alternative sites be weighed, but BU -- which said the site was appropriate because it was convenient to researchers who would work there -- did not consider spots outside the South End, the judge found.
Gants's other key concern was that the environmental review did not adequately evaluate a worst-case scenario for release of a deadly agent, a process required by state law. The BU review considered what would happen if anthrax spores escaped from the lab because of an equipment malfunction. But Gants said the environmental review should have also weighed the potential for pathogens to escape through a ``suicidal, criminal, or terrorist act." The judge said BU's pledges of exhaustive security checks of lab personnel were inadequate, noting that CIA and FBI agents subjected to similar reviews managed to perpetrate safety breaches.
http://www.boston.com/news/local/articles/2006/08/04/judge_orders_new_review_of_bu_biolab?mode=PF