Ruling allows for work on biolab to continue

A federal judge ruled yesterday that construction can continue on a Boston University laboratory where researchers will work with the world's deadliest germs, including Ebola, plague, and anthrax. But US District Judge Patti B. Saris left open the possibility of blocking particularly dangerous research projects in the future.

Residents living near the lab, already under construction on BU's medical school campus in the congested South End, had sued to stop the project, saying that the university had failed to adequately consider the facility's potential environmental and health hazards.

The National Institutes of Health, which is underwriting construction of the $178 million Biosafety Level-4 lab, was named as a defendant in the lawsuit. Representatives of the federal agency could not be reached last night.

In August, a state judge ruled in a separate lawsuit that BU must complete an additional environmental review of the lab. In her ruling, Saris said she would defer further action in the federal case until that review is finished.

Andrew Rainer, an attorney for the residents who sued, said he and his clients did not view yesterday's ruling as a loss, because the judge said she would continue to monitor the project.

BU spokeswoman Ellen Berlin said the university was pleased with the ruling.

As part of the mandated environmental review, there will be a public hearing from 6:30 to 8:30 p.m. Monday at the community hall of St. Patrick Parish at 400 Dudley St.

STEPHEN SMITH