Boston University Lab Plans Argued in Court

Massachusetts’ highest court heard oral arguments Wednesday on a lawsuit seeking to bar Boston University from operating a biological defense laboratory on its urban campus, the Boston Globe reported yesterday (see GSN, Aug. 7, 2006).

The university has begun building a Biosafety Level 4 facility near its medical school.  Residents have objected to site, expressing concerns that an accident could endanger the local community.

In her questioning, Chief Justice Margaret Marshall suggested that she might be leaning toward allowing the university to run the laboratory.

“It sounds in the context of this case rather like a NIMBY case,” she said, using the acronym for “not in my backyard.”  The university was acting sensibly to build the facility near other scientific and medical buildings, she said.

“Your honor, I strongly disagree,” replied attorney Douglas Wilkins, who represents the residents opposed to the site.  “My clients just want to be safe. … I don't accept the assumption that this has to be near a large medical area.”

One opponent called Marshall’s remarks “very insulting.”

“We’ve been very careful in saying we don’t think this project should be built anywhere, period,” said Klare Allen.

University attorney John Stevens argued that that other laboratories already in use have a strong safety record that demonstrates that Boston University’s plans would not endanger the community (Stephen Smith, Boston Globe, Sept. 6).

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