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
Top 100 Articles
CropLife 100CHS Partners With Northern Partners Coop On Fertilizer Warehouse
January 21, 2015
In addition, the two companies will form a joint venture to build and operate a grain barge loading facility that will handle corn, soybeans and wheat for export through the CHS terminal at Myrtle Grove, LA. Read More
CropLife 100Wilbur-Ellis Move To Colorado Complete
January 20, 2015
Wilbur-Ellis Co. announces the opening of its new Agribusiness Division location in the Denver, CO, Metro Area. The new facility will host key personnel as the company shifts the base of its Agribusiness operations from California to Colorado. Read More
CropLife 100United Suppliers, McGregor Co., Five Others To Form Aligned Ag Distributors
January 20, 2015
These companies will continue to operate as independently owned and operated businesses, however, their crop protection divisions will now be formally aligned under the umbrella of Aligned Ag Distributors. Read More
CropLife 100Bozeman Named SEEDWAY Chief Operating Officer
January 16, 2015
He succeeds Donald Wertman, who will retire at the end of August 2015 after 40 years with the GROWMARK subsidiary. Read More
CropLife 100Wilbur-Ellis’ Craig Bair Honored For Safety Contributions To Ag Aviation
January 14, 2015
The William O. Marsh Safety Award recognizes significant achievements in safety, safety education or an outstanding operational safety program. Read More
CropLife 100BRANDT Gearing Up For Another NASCAR Season
January 13, 2015
BRANDT will return for its fifth year as a primary sponsor of the No. 51 driven by Justin Allgaier in the NASCAR Sprint Cup Series. Read More
Latest News
ManagementRetail Collaboration, Communicating Agriculture’s Good …
January 23, 2015
Editors Paul Schrimpf and Eric Sfliligoj discuss the recent creation of Aligned Ag Distributors, and the US Farmers and Ranchers Read More
FertilizerOSU Expert: Toledo Water Crisis A Turning Point For Ohi…
January 23, 2015
The August 2014 water crisis in Toledo, OH, impacted Ohioans’ views of Lake Erie algae problems by increasing the attribution of blame of algae growth on agriculture. Read More
FertilizerH.J. Baker Launching TIGER XP
January 22, 2015
Tiger-Sul introduces this next generation sulphur-bentonite product with a proprietary activator – ensuring farmers have a well-balanced nutrient replacement program. Read More
Crop InputsH.J. Baker Expands China Sales Force
January 21, 2015
Global Agricultural firm H.J. Baker announced that sales veteran Shi Dongshen has joined their Shanghai office in China. This newest hire follows the recent opening of their Lianyungang Sulphur Bentonite Plant. Read More
CropLife 100CHS Partners With Northern Partners Coop On Fertilizer …
January 21, 2015
In addition, the two companies will form a joint venture to build and operate a grain barge loading facility that will handle corn, soybeans and wheat for export through the CHS terminal at Myrtle Grove, LA. Read More
Matt Hopkins5 Bold Predictions For Ag Retail In 2015
January 21, 2015
This past year was filled with ups and downs for the nation’s top ag retailers, but what will 2015 have in store? Read More
SoftwareDeere Launches App Center
January 20, 2015
The John Deere App Center provides users the ability to search and find apps most useful to their business or operations. Read More
Crop InputsNew Syngenta Herbicide Approved In Soybeans, Sunflowers
January 20, 2015
Syngenta will sell BroadAxe XC herbicide in 2015 for use on soybeans, sunflowers and dry peas Read More
CropLife 100Wilbur-Ellis Move To Colorado Complete
January 20, 2015
Wilbur-Ellis Co. announces the opening of its new Agribusiness Division location in the Denver, CO, Metro Area. The new facility will host key personnel as the company shifts the base of its Agribusiness operations from California to Colorado. Read More
Crop InputsNovozymes Sales Figures Up For 2014
January 20, 2015
Novozymes announces its sales growth in 2014 was in line with expectations as sales grew by 7% compared with 2013. Read More
CropLife 100United Suppliers, McGregor Co., Five Others To Form Ali…
January 20, 2015
These companies will continue to operate as independently owned and operated businesses, however, their crop protection divisions will now be formally aligned under the umbrella of Aligned Ag Distributors. Read More
Eric SfiligojGMO Or DNA? LOL Or WTF?
January 19, 2015
A new survey finds the American public seems generally confused when it comes to any three-letter descriptor for their food. Read More
FertilizerAGROTAIN Wins No-Till Product Of The Year Again
January 19, 2015
This marks the 10th straight year AGROTAIN nitrogen stabilizer has been named the top product in this category; no other product has matched this honor Read More
FertilizerTFI President To Give Update On Nutrient Management Eff…
January 19, 2015
The Fertilizer Institute President Chris Jahn will give the keynote address at the 2015 Ohio AgriBusiness Association Industry Conference February 4. Read More
Seed/BiotechUnderstanding The Role Of Seed Enhancers In Seed Treame…
January 17, 2015
Seed enhancers such as polymer play a key part in helping to improve germination, seed growth or accuracy of planting. Read More
Crop InputsUSDA Signs Off On Dicamba-Tolerant Trait In Cotton, Soy…
January 16, 2015
A registration decision by EPA for BASF's Engenia herbicide is anticipated to follow the dicamba-tolerant trait deregulation milestone. Read More
CropLife 100Bozeman Named SEEDWAY Chief Operating Officer
January 16, 2015
He succeeds Donald Wertman, who will retire at the end of August 2015 after 40 years with the GROWMARK subsidiary. Read More
Crop InputsDan Clinker Joins Monty’s Sales Team
January 16, 2015
Monty's Plant Food Co. has hired Dan Clinker as a Product Consultant and Sales Support Representative for the Central Ohio region. Read More