In 1984, the U.S. Environmental Protection Agency (EPA) announced that if you genetically engineer any microbe intended for use outdoors, then you must pay a visit to EPA before you can legally test outside.

The Federal Court held that the NIH’s 1978 decision to allow the approval of deliberate releases was such an action and that it had not compiled an adequate Environmental Impact Statement (EIS). The NIH was therefore prevented from approving deliberate releases of the INA- bacteria until a new EIS could be filed. The decision also made clear, however, that private industry may proceed with testing involving deliberate releases.