Opponents of a proposed high-security infectious-diseases laboratory on the UC Davis campus filed a lawsuit Thursday to stop the project, claiming it violates California's environmental laws and was illegally granted state funding without approval from the Legislature.

Members of the grass-roots group, Stop UCD Biolab Now, filed the lawsuit in Alameda County Superior Court, asking a judge to order the University of California Board of Regents to withdraw the application for the proposed biolab because the project does not comply with the California Environmental Quality Act.

Lab opponents claim an adequate environmental review of the controversial $190 million lab cannot be conducted because the university is restricted from studying alternative sites for the lab. The lawsuit also claims Gov. Gray Davis and the state Department of Finance illegally committed $25 million to the lab without approval from the Legislature.
"From the very beginning, UCD made it clear they were not interested in what the people had to say and disregarded us at every turn. They refused to follow the required process, so now we are asking the court to intervene," said Nancy Price, a member of Stop UCD Biolab Now.

Steven Drown, attorney for UC Davis, said he had not seen the lawsuit and could not comment on its specific claims. Drown said university officials intend to comply with CEQA requirements by conducting a full environmental review.

"We certainly didn't expect a challenge to our environmental review before we conducted our environmental review," he said.

The suit alleges that UC regents violated CEQA by voting in February to approve the NIH application for the project. The litigants claim CEQA requires that an environmental review be conducted prior to project approval.

They are asking a judge to order the UC regents to withdraw their lab application. No court date has yet been set.

Officials with the Office of the UC President, the state Department of Finance and the Governor's Office declined to comment on the lawsuit, saying they had not seen it.

UC Davis officials and the UC regents have applied to the National Institutes of Health for funding for a 300,000-square-foot biocontainment laboratory to be built on campus near the intersection of Highway 113 and Interstate 80. The laboratory, to be named the Western National Center for Biodefense and Emerging Diseases, would house high-security laboratories for scientists to study such infectious diseases as plague, anthrax and Ebola.

The proposal has drawn significant opposition in Davis, with critics claiming the lab could jeopardize residents' safety through security breaches or acts of terrorism. Others claim classified research could be conducted at the facility, which would be funded with money from the Department of Homeland Defense.

Some residents have come out in support of the project, saying it would be a vital tool to protect the West Coast against outbreaks of deadly diseases.

In February, the Davis City Council voted unanimously to oppose the project, citing widespread community opposition. In a letter to NIH, Davis City Council members asked that alternative sites be considered. Last month, the NIH notified the university that they may not consider alternative sites.

The lab proposal is currently under review by a panel of independent scientists. If the UCD bid passes that competitive process, NIH officials would enter into final negotiations with applicants this summer, announcing the funding of one or two labs in the fall. At least six other institutions in the nation are vying for a lab.

An NIH spokeswoman said she is barred from discussing competitive bids and how a lawsuit might affect them.

Marj Dickinson, assistant vice chancellor of governmental and community relations at UC Davis, said the university stands a good chance of passing the scientific review stage of competition. She also said that the university is forging ahead with its application in the face of local opposition because university officials believe "the risk of not building this facility is far greater than the risk of building it."

Drown said he doesn't believe the lawsuit will affect the university's application.

"We are confident we vetted our environmental review process in making our proposal," said Drown. The university, if awarded funding for the lab, would begin its environmental review on the project early next year, officials said.

Davis City Councilman Mike Harrington said he would ask his colleagues at the Wednesday council meeting to join in the lawsuit because he believes it has merit.

"If the council refuses to do more than send the letter, then the letter is obviously just a (public relations) stunt," he said.

Davis Mayor Susie Boyd said, "It's irresponsible for public agencies to be suing each other."