U.S. DIST R ICT COU RT
NEWS OF THE WEEK
APPEALS COURT LIFTS STEM CELL INJUNCTION RULING: Federal funding
can resume for now
N A MOVE that caught many people by surprise, a
I Lamberth
federal appeals court on Sept. 9 lifted an injunction that prohibited the National Institutes of Health from funding human embryonic stem cell research. The court granted a request from the Justice Department to lift the injunction while a lawsuit opposing this type of stem cell research is being litigated. The lawsuit was filed by two researchers who claim that NIH’s stem cell policy violates a law known as the Dickey-Wicker Amendment. That law prohibits federal funding of any research that destroys human embryos. On Aug. 23, Chief Judge Royce C. Lamberth of the Federal District Court for the District of Columbia issued a preliminary injunction in the case, ordering NIH to halt funding for all human embryonic stem cell research until the lawsuit is resolved (C&EN, Aug. 30, page 4).
COURT CLEARS THAI PROJECTS PETROCHEMICALS: Construction activity will resume at Map Ta Phut
HE CENTRAL ADMINISTRATIVE Court of Thai-
T
land has cleared 74 of 76 projects that had been suspended at the Map Ta Phut industrial estate, one of Asia’s largest chemical industry zones. Although environmental activists are contesting the court’s decision, the construction of dozens of chemical plants worth billions of dollars is now set to resume. In September 2009, the same court froze the 76 projects because their licenses were granted before an assessment by an independent committee of environmental and safety experts. Evaluation of all industrial activities that are potentially harmful to the environment is mandated by the Thai constitution of 2007. The ruling threw the projects into limbo because the Thai cabinet had not yet JEAN-FRANÇOIS TREMBLAY /C &EN
One of the plants that was in limbo at Map Ta Phut.
WWW.CEN-ONLINE.ORG
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Several scientists and government lawyers spoke out about the dire consequences of the injunction, claiming that it will terminate many stem cell research projects and stall new treatments for diabetes, spinal cord injuries, and other diseases. “The injunction threatens to stop progress in one of the most encouraging areas of biomedical research, just as scientists are gaining momentum— and squander the investment we have already made,” NIH Director Francis S. Collins said in a statement on Aug. 26. NIH has spent more than $546 million on human embryonic stem cell research since 2001, Collins noted. Nonetheless, Lamberth was not convinced that his injunction would cause major disruption. “Defendants are incorrect about much of their ‘parade of horribles’ that will supposedly result from this Court’s preliminary injunction,” he wrote in a decision on Sept. 7. But just two days later, the appeals court reversed Lamberth’s decision. Many supporters of stem cell research called the appeals court ruling a victory. “It is crucial that federal funding for human embryonic stem cell research be restored permanently, and this stay is a step in that direction,” Lisa Hughes, president of the Coalition for the Advancement of Medical Research, said in a statement. She urged Congress to “move swiftly to resolve this issue and secure the future of this important biomedical research.”—BRITT ERICKSON
issued regulations on how to appoint and run the committee of experts (C&EN, March 22, page 26). The two projects that are still suspended are an ethylene glycol/oxide plant backed by PTT Chemical and a vinyl facility owned by Thai Plastic & Chemicals, according to the Thai investment firm Kasikorn Securities. But even these plants will go forward within six months, Kasikorn predicts. Bayer, which had been ordered not to increase production at expanded polycarbonate and bisphenol A plants, says it can now obtain permits to fully operate its upgraded facilities. Similarly, Asahi Kasei, which endured the suspension of methyl methacrylate and acrylonitrile facilities, tells C&EN that construction will get back under way soon. The administrative court reversed the order to suspend construction after the Thai cabinet narrowed its definition of the types of industrial activities considered harmful to the environment. The cabinet also clarified how the independent committee of experts will be appointed and run. The court ruling does not ensure that the chemical industry in Thailand has a rosy future. Prime Minister Abhisit Vejjajiva stressed in a weekly address earlier this month that Map Ta Phut can accommodate only so much industrial activity. Furthermore, under pressure from local residents of Rayong province, where Map Ta Phut is located, the Thai senate will review the cabinet’s decision to reduce the number of industrial activities considered harmful.—JEAN-FRANÇOIS TREMBLAY
SEPTEMBER 13, 2010
