Court Dismisses Monsanto’s Appeal Of Biotech Beets Case

Late last week, the U.S. Court of Appeals for the Ninth Circuit Court of Appeals issued a summary order concluding a long-standing lawsuit over the impacts of genetically engineered (GE) “Roundup Ready” sugar beets. As a result, previous court rulings in favor of farmers and conservation advocates will remain, including the order requiring the USDA to prepare a rigorous review of the impacts of GE sugar beets, engineered to be resistant to Monsanto’s Roundup herbicide, before deciding whether to again allow their future commercial use.

Center for Food Safety (CFS) attorney George Kimbrell: “Today’s order cements a critical legal benchmark in the battle for meaningful oversight of biotech crops and food. Because of this case, there will be public disclosure and debate on the harmful impacts of these pesticide-promoting crops, as well as legal protections for farmers threatened by contamination.”

CFS, Organic Seed Alliance, High Mowing Organic Seeds, and the Sierra Club, represented by CFS and Earthjustice, challenged the USDA approval in 2008. They argued that GE sugar beets would contaminate organic and non-GE farmers of related crops, such as table beets and chard, as well as increase pesticide impacts on the environment and worsen the current Roundup-resistant “superweeds” epidemic in U.S. agriculture. In September 2009, Judge Jeffrey S. White in the federal district court in San Francisco agreed, and ordered USDA to prepare an Environmental Impact Statement (EIS) assessing these and other impacts, as required by the National Environmental Policy Act (NEPA). In August 2010, after a year of vigorous litigation over the proper remedy for USDA’s unlawful approval, the court again agreed with plaintiffs, threw out the USDA’s approval, and halting planting.

Monsanto and other biotech industry intervenors appealed on procedural grounds which, if granted, threatened to undo the earlier rulings. Today’s order dismissed that appeal and affirmed the lower court’s rulings.

Earthjustice attorney Paul Achitoff: “Dismissal of the appeal confirms that the district court rightly concluded that in this case, as in every other case that has challenged USDA’s oversight of genetically engineered crops, the agency has flouted the law, favoring the interests of Monsanto over those of American people. With every court decision the need for fundamental reform in this area becomes ever more obvious.”

Remarkably, the EIS is only the second USDA has undertaken for any GE crop in over 15 years of approving such crops for human consumption. Both analyses were court-ordered. USDA said it expects to finish the GE sugar beets EIS and have a new decision on commercialization in 2012.

Despite the absence of lawful review or a new agency decision, in summer 2010, USDA and the biotech industry demanded the court allow planting to continue unabated. The district court refused to do so and instead set aside USDA’s approval of the crop based on the agency’s failure to comply with environmental laws. That precedential ruling was also preserved by today’s order.

During this case’s appeal, USDA approved 2011-2012 planting of GE sugar beets under the terms of a novel permitting and “partial deregulation” scheme while it conducted the court-ordered analysis. That decision is the subject of separate litigation that is ongoing in the District of Columbia.

Monsanto created “Roundup Ready” crops to withstand its Roundup herbicide (with the active ingredient glyphosate). Growing previous Roundup Ready crops such as soy, cotton, and corn have led to greater use of herbicides. It has also led to the spread of herbicide resistant weeds on millions of acres throughout the United States and other countries where such crops are grown, as well as contamination of conventional and organic crops, which has been costly to U.S. farmers.

(Source: Nebraska Ag Connection)

Topics:

Leave a Reply

Legislation Stories

LegislationUSDA: Quick Implementation Of Disaster Assistance Programs A ‘Top Priority’
July 9, 2014
USDA has processed 106,000 payments to farmers in 40 states across the country who suffered livestock and grazing losses between Oct. 2011 and passage of the 2014 Farm Bill. Read More
LegislationTFI Praises White House For Signing WRRDA Into Law
June 11, 2014
The bill streamlines U.S. Army Corps of Engineers projects, prioritizes authorized waterway improvements and provides needed adjustments to the Inland Waterways Trust Fund. Read More
LegislationAg Policy: Plenty Of Fertilizer Issues Ahead
January 2, 2014
From West Fertilizer to the Chesapeake Bay, fertilizer producers and dealers are keeping an eye on several Beltway developments in 2014. Read More
LegislationLack Of Farm Bill Leaves Farmers Facing Uncertainty In 2014
December 13, 2013
With just a few legislative working days remaining in 2013, the likelihood of a new farm bill is waning, leaving farmers in limbo once again. Read More

Trending Articles

Green Valley Ag facility
Retail FacilitiesGreen Valley Ag Adopts A.J. Sackett’s Precision Fertilizer Blending® Technology At New Facility
July 8, 2014
Sackett's Precision Fertilizer Blending® Technology is making huge strides around the world. Green Valley Ag adopts the technology at its new facility to support its advancing agronomic needs. Read More
Retail FacilitiesWaconia Manufacturing Builds Facility Designed For Speed, Efficiency
July 7, 2014
To make its new hub facility more efficient, Cooperative Elevator enlisted the aid of Waconia Manufacturing. Read More
EquipmentSummer Show Preview 2014: Superior Sprayers Take The Field
July 3, 2014
In this final installment of our coverage of the major categories of Big IRON that retailers can expect to test-drive at this summer’s events, here is a look at 19 sprayers. Read More
Scouting a soybean patch at Green Valley Ag.
EmployeesCropLife Compensation Survey: Battling Talent Drain
July 2, 2014
Retailers too often lose employees to companies outside of agriculture, while recruiting efforts are most often limited to competitors and other ag-focused organizations. Read More
HerbicidesDow AgroSciences Introduces SureStart II Herbicide
June 16, 2014
The enhanced formulation has improved viscosity and increased stability under heat and controls more than 60 high-anxiety grasses and broadleaf weeds found in corn fields. Read More
HerbicidesBASF Investing $270 Million To Expand U.S. Herbicide Production
June 11, 2014
BASF has invested more than $270 million to expand herbicide production capacities in the U.S., including more than 20 new products to be launched over next two years. Read More

Latest News

InsecticidesHow To Scout For Corn Earworms In Corn
July 28, 2014
In her weekly report, University of Missouri Agronomy Specialist Jill Scheidt discusses what to look for when scouting for corn earworm. Read More
Crop InputsDuPont Pioneer, Weyerhaeuser Enter Technology License A…
July 28, 2014
The agreement brings together agricultural and forestry know-how to sustainably improve crop productivity for corn growers around the world. Read More
EquipmentAGCO Launches Global iPad App
July 28, 2014
The free AGCO Global iPad App can be downloaded from the Apple iTunes Store and features the full family of RoGator self-propelled sprayers and TerraGator high-floatation spreaders. Read More
Eric SfiligojYuma Centennial Ag Supply Earns 2014 National Environme…
July 28, 2014
Colorado-based ag retailer receives top trophy in 24th annual DuPont Crop Protection/CropLife ceremony. Read More
CropLife 100Pinnacle Forms Alliance With Wildlife Managment, Seed O…
July 25, 2014
The strategic alliance will provide Tecomate with key wildlife products, processing facilities, distribution centers and sales through Pinnacle’s ever-growing retail network. Read More
ManagementFranken Presses White House On RFS Support
July 25, 2014
Al Franken and a group of Senate democrats recently met with senior White House official John Podesta to urge the administration to change its position on an EPA proposal. Read More
ManagementASA, FarmLink To Launch ‘Operation Benchmark̵…
July 25, 2014
The American Soybean Association (ASA) and FarmLink are teaming up to help farmers close the $11 billion gap between what they harvested in 2013 and what they could harvest annually. Read More
StewardshipNorthey: Farmers Commit $1.4 Million to Try New Water Q…
July 25, 2014
The practices that are eligible for funding include cover crops, no-till or strip till and using a nitrification inhibitor when applying fall fertilizer. Read More
Precision AgFarmers Learn How Changing World Will Impact Iowa
July 24, 2014
Technology and understanding global consumer demand for Iowa farm products brought hundreds of farmers and agribusiness leaders to Ames recently for the annual Iowa Farm Bureau Federation Economic Summit. Read More
HerbicidesPurdue: Late Season Weeds May Require Manual Removal
July 24, 2014
Hand-rouging and pulling late season weeds by hand may be the best way to remove them, more so than using a herbicide, a Purdue Extension weed scientist says. Read More
Soybean Field
InsecticidesTransform WG, Closer SC Insecticides Receive R&D 10…
July 23, 2014
Dow AgroSciences has received the award from R&D Magazine for Transform WG insecticide and Closer SC insecticide with Isoclast active. Read More
EquipmentKinze, Raven Team Up On 4900 Planter Monitor
July 23, 2014
Kinze Manufacturing announces a partnership with Raven Industries to develop a standalone monitor solution for the Kinze 4900 series planter. With this new Read More
LegislationNew Farm Bill Continues To Confuse As Growers Await USD…
July 23, 2014
The new five-year Farm Bill eliminates many of the direct payments previously payed to growers and could benefit from USDA clarification, reports a Toledo Blade columnist. Read More
EquipmentPrecisionAg.com Relaunches With Responsive Design For M…
July 22, 2014
PrecisionAg, the worldwide leader in precision agriculture information and analysis, announces the launch of its completely redesigned website, PrecisionAg.com. Read More
FungicidesEPA OKs Two Willowood Fungicides
July 21, 2014
The EPA has approved Willowood Azoxy 2SC and Willowood AzoxyProp Xtra. two widely used broad spectrum, preventative fungicides with systemic and curative properties. Read More
Precision AgFarmers Learning Fast As UAVs Take Off
July 17, 2014
Farmers and others interested in how UAVs can be used in agricultural applications were able to learn more about the technology during the recent Precision Aerial Ag Show. Read More
CropLife 100Bobby Knight, Richard Petty To Highlight Ag PhD Field D…
July 17, 2014
Attendees at the July 24 Ag PhD Field Day at Hefty Farms will learn about the latest agricultural technologies, and get a chance to meet legendary sports figures Bobby Knight and Richard Petty. Read More
WebinarsUpcoming Webinars
July 17, 2014
Register for one of our upcoming Webinars or access our archive of past Webinars to view recordings of presentations that may be of interest to you. Read More