The funding was awarded to BUMC in September 2003 by theNational Institute of Allergy and Infectious Diseases, part of theNIH. The suit, filed late last week in US District Court here,claims the federal agency failed to adequately consider thepotential environmental and health hazards associated with buildinga high security laboratory in a densely populated area beforeawarding BU $128 million to fund its construction.

"What we're seeking is to stop the federal funding for thisfacility because they didn't file the required environmentalreviews," Nadine Cohen, an attorney with the Lawyers' Committee,tells GlobeSt.com. "Before you put this lab in this denselypopulated neighborhood, you have to look at the potential healthrisks and we say they did not adequately do this as required."Cohen says the legal advocacy group also plans to file apreliminary injunction with the court to immediately halt anyfurther building until arguments in the case are heard.

Officials with the National Institute of Health and BUMC couldnot be reached for comment by GlobeSt.com. A statement released bythe lab's director, Dr. Mark Klempner, however, said the laboratoryunderwent a "rigorous and thorough "approval process and "compliedfully with all federal, state and local processes andprocedures."