David Hoisington and Rodomiro Ortiz

A consortium of Texas agencies that lost a bid for the new US$560-million-plus US National Bio and Agro-Defense Facility has sued in federal court to overturn the government's choice. Earlier this year, the Department of Homeland Security finalized the selection of Kansas State University in Manhattan, Kansas, to host high-containment laboratories that will replace the ageing Plum Island Animal Disease Center in New York state (see Nature 456, 687; 2008). On 23 April, the Texas Biological and Agro-Defense Consortium in San Antonio sued the department, alleging faulty decisions and political manipulation during the three-year competition process. The consortium alleges that the department under-secretary who made the decision, Jay Cohen, was biased towards Kansas, and that the Kansas location is unsafe because of tornadoes and the cattle herds that could contract disease from an accidental release. A hearing is set for 8 June.

In February, a group of experimental ferrets at a research facility in the Czech Republic fell ill. The ferrets had recently been injected with a culture containing what was believed to be a straight shot of the seasonal influenza virus, but their symptoms were severe and wholly unexpected. Researchers later determined that they were suffering from avian influenza; the seasonal flu culture had been contaminated with the deadly virus H5N1. The flu sample, which came from an Austrian laboratory owned by Baxter International, ended up in at least three other labs in Austria, Germany and Slovenia. Although no one has fallen ill as a result of the mix-up, experts say the incident raises biosafety concerns and highlights the need for better quality control.

Key Steps In Developing a Biosafety Program