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SJC upholds biolab ruling requiring further environmental review

Posted by Karen Weintraub December 13, 2007 12:38 PM

By Stephen Smith, Globe Staff

The state's highest court today delivered a victory to opponents of a controversial research laboratory being built by Boston University, ordering that an ongoing environmental review should continue. The Supreme Judicial Court also agreed with a 2006 ruling from a superior court judge that the state's original environmental analysis was "arbitrary and capricious."

The decision by the SJC, though, does not halt construction of the laboratory complex in Boston's South End, which is about 70 percent complete. The centerpiece of the project is a Biosafety Level-4 lab where scientists will be able to work with the world's deadliest germs, including Ebola, plague, and anthrax.

The case wound up before the SJC because BU had appealed the earlier ruling by Suffolk Superior Court Judge Ralph D. Gants.

In its decision, the top court ruled that the review by the state environmental affairs secretary during the administration of Governor Mitt Romney "lacked a rational basis."

Today's decision represents the second time in two weeks that environmental reviews of the BU project have been lambasted. An independent panel of scientists declared two weeks ago that a separate federal review of the lab was "not sound and credible" and failed to adequately address the consequences of highly lethal germs escaping from the project.

4 comments so far...
  1. It still boggles my mind that a BL-4 lab is being built in such a densely populated metropolitan area. Why it's not being built one of the harbor islands is beyond my comprehension, but it more likely related to politics than common sense anyway.

    Posted by joel December 13, 07 02:09 PM
  1. It is now crystal clear that NIH and BU have not made any serious attempt to analyze the risk of putting the proposed lab in our densely populated city. BU and NIH have now submitted a total of 4 risk assessments and they still have not come up with a credible analysis. In the recent report they even neglected to look at differences in population density in their comparison of risk associated with the proposed urban location versus a more rural location. I cannot believe that with all the expertise at NIH and BU they are somehow unable to do this. It is clear that they had no intention of compiling a competent risk assessment, because this is a decision based on politics and money, not science.
    Shame on our elected officials who have bolstered BU and have assured us that a thorough risk assessment has been done. For them, BU's money speaks louder than their constituents' safety.

    Posted by Marc December 13, 07 03:42 PM
  1. This is a totally insane idea to build such a facility in a densely populated area. It speaks of the arrogance and callous disregard for Boston's neighborhoods. Somewhere, somehow, someone is benefitting financially big time from this development. Could it be someone in Boston City Hall??????????????????

    Posted by kaysie Ives December 13, 07 04:39 PM
  1. What's the big deal? The CDC lab is next to Emory University, in a very nice neighborhood, practically in downtown Atlanta. I have a feeling that the scientists and researchers are much more safety conscience about their work environment than the average Bostonian is when he/she crosses the street or drives their car. You really think that these researchers are going to take chances with their own lives, along with the lives of their families and neighbors? Same tired NIMBY arguments...put it someplace else just not in my backyard. Columbus Center, Northeastern Dorms, Harvard expansion in Allston, Suffolk expansion near Beacon Hill, new office building at the Pru...no..no..no...

    Posted by dennis December 13, 07 05:11 PM
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Elizabeth Cooney covers health for the Worcester Telegram & Gazette. She previously reported on business and was an editor at the paper. Earlier in her career, she edited medical books and journals at Little, Brown, and worked for Boston magazine.

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