e

   

202 737-5000

 

Western Office . New York Office
2345 YALE STREET April 25, 1979 122 EAST 42ND STREET
PALO ALTO, CALIF. 94306 NEW YORK, N.Y. 10017
415 327-1080 212 949-0049

Dr. Joshua Lederberg

The Rockefeller University
66th Street & York Avenue
New York, New York 10021

Dear Dr. Lederberg:

As I promised at the last board meeting, here is a copy
of portions of the draft of our friend of the court brief
Oc in the OSHA benzene case now before the Supreme Court. So
that you can see what-we are opposing, I've also enclosed

a copy of the lower court opinion; please excuse my notes
in the margins.

We would be very grateful for your reactions to the
scientific portion of this draft, and of course to the rest
as well. I have not yet inserted the footnotes, but rest
assured that we have good authority for these points. Sug-
gestions for additional points, criticisms of points made, and
additional references are all welcome.

I have not yet written a section discussing weaknesses of
formal cost-benefit analysis for making toxic substances con-
trol decisions and a section discussing, the precautionary
policies of the Act and the duties they give the agency to
resolve scientific uncertainties in employees' favor. But
since time is drawing short (the brief must be completely
finished May 4 or 5), I wanted to get your reactions to this
part right away.

This draft has not yet been reviewed by Karim Ahmed or
other scientists, to whom I am sending copies today too. Thus
I ask you to please treat this draft as confidential. I will
call you on Monday, April 30.

Thank you for your time and help.

Sincerely,

David D. ponigltr

Project Attorney . ;
DDD/jr - pe ep heh at
Enclosure Nee CALLE AD Ye f/f ae ¥ a |

<> 73
100% Recycled Paper